County ProvisionsPrivate Wharves and Piers
Section § 4000
This law allows a county's board of supervisors, with the Public Utilities Commission's approval, to authorize someone to build and operate a wharf, chute, or pier on lands next to navigable waters within the county. The individual granted this authority can charge tolls for using the structure for up to 20 years.
Section § 4001
This law allows county supervisors, with approval from the Department of Finance, to permit cities, counties, or individuals to build recreational or boating wharves on certain coastal lands they oversee. These grants include the right to charge fees for using the wharf for up to twenty years.
Section § 4002
If you want permission to build a wharf or chute, you need to publish a notice, then file a written petition with several details. Include the applicant's name and address, proof of incorporation if it's a company, and a map showing the water and nearby land.
Describe your construction plan and land within 300 feet, list landowners' names and whether you've secured land use rights. Indicate how far into the water the structure will extend, estimated costs, and when you'll submit the application.
Section § 4003
If you're applying to build or modify a wharf or chute in California, you need to publish a notice in a local newspaper for each county the structure will touch or be located in. If there's no newspaper in that county, use a nearby county's newspaper and also post the notice in three public places in the proper counties for four weeks in a row. The notice should include where the wharf or chute will be located and when and where the application will be submitted.
Section § 4004
If someone wants to use land they don't own for building a wharf or chute, they must list the facts and a description of the land in their application. They also have to notify the landowner at least ten days before the hearing. This notice must be delivered by the county sheriff, and the sheriff's report serves as proof that the landowner was informed.
Section § 4005
This law explains how legal notices should be served to a landowner who does not live in the county. If there's someone living on the land or an agent representing the owner, the sheriff can give them the notice. If no one is there, the notice can be mailed to the owner 30 days before a hearing. Special rules apply if the owner is a minor, has mental health issues, lacks mental capacity, or is deceased; in these cases, the notice goes to the owner's guardian or legal representative.
Section § 4006
When someone applies to build a wharf or chute, the board must first check that the notice of a hearing about this application was properly published and served. If the notice was handled correctly, the board listens to the applicant’s and any opposers' arguments. If building the wharf or chute benefits the public, the board can allow the construction. The applicant can then charge a fee for using it for up to twenty years.
Section § 4007
This law gives someone permission to use a piece of land owned by the State for building or accessing a wharf (a structure where ships can dock) or chute (a passage for transporting goods). Specifically, it allows the use of state-owned overflowed, submerged, or tidelands, as well as a pathway up to fifty feet wide over swampy or marshy areas, for twenty years. The permission must clearly describe the area being used.
Section § 4008
This law grants the right to keep the land and water next to a wharf or chute free and clear of any obstacles or ownership claims. This area, stretching 150 feet to navigable water, is reserved only for the purposes of landing, loading, and unloading vessels.
Section § 4009
This law section states that if you want to build a wharf or chute, merely having permission isn't enough. You must first secure permission from the landowner for use of their land, including access rights and any other necessary land uses. Without this, you can't start construction or charge any fees for using the wharf or chute.
Section § 4010
This law states that any wharf or chute built on navigable waters in California cannot be wider than 75 feet. These structures can reach into navigable waters and stretch along the shore for up to 1,000 feet, but only if they don't block water traffic. However, this rule does not apply to waterfronts located within city or town limits.
Section § 4011
This section states that any legal documents that give permission to use land, like for roads or installations, must be filed and recorded at the county recorder's office where the structure is located. These documents form the legal rights, or franchise, of the person applying. Additionally, the applicant is responsible for paying any fees involved with the recording service and for other services by county officers.
Section § 4012
This law requires a board to set the tolls or fees for using a wharf or chute every year. These fees should generate at least a 15% but not more than a 25% annual income based on the fair value of the wharf or chute and its repair and maintenance costs, excluding licensing fees. The board determines these values by reviewing evidence and county assessment records. Once determined, the rates must be provided to the owner and visibly posted on the site.
Section § 4013
If you build a wharf or chute and you've set the charges for using it, you can get a license to collect these fees for a year. To get this license, you pay a tax determined by the county auditors. Starting the second year, the tax can’t be more than 10% of what you earned from tolls in the previous year. This tax money goes into the county fund for road improvements.
Section § 4014
If you own or manage a wharf or chute and charge fees for its use, you're responsible for keeping it safe and in good shape. If not, you can be fined $25 and must pay for any resulting damages. This fine goes to the county's road fund, through a board's order.
Section § 4015
This law section states that any permissions given under this chapter cannot disrupt existing rights or conflict with state-granted permissions. Additionally, if someone is given the approval to build a wharf or chute, they only have two years to complete the construction. If the structure isn't finished within those two years, the permit won't remain valid.
Section § 4016
This statute specifies that state lands located in San Francisco, or any other incorporated cities and towns in California, are not covered by the rules in this chapter. However, city authorities in these areas (except San Francisco) have the power to permit the construction of wharves or chutes, similar to the authority given to county supervisors elsewhere.
Section § 4017
The county board of supervisors can give a railroad company permission to build a wharf (a structure built on the shore) on its land next to navigable waters, like bays or creeks. This comes with a license to charge fees for using the wharf, for as long as the railroad operates, but no more than 50 years, if the board finds it essential for the railroad's terminal activities.
Additionally, the board can allow the construction of a wharf for terminal business without selling this right, provided it does not exceed 1,000 feet and doesn't hinder navigation. However, this statute does not apply to areas controlled by cities, towns, or state harbor commissions.