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.
The board of supervisors of any county may, upon approval of the Public Utilities Commission, grant authority to any person to construct a wharf, chute, or pier, on any lands bordering on any navigable bay, lake, inlet, creek, slough, or arm of the sea, situated in or bounding the county, with a license to take tolls for its use for the term of 20 years.
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(Amended by Stats. 1983, Ch. 142, Sec. 63.)
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.
The board of supervisors of each county may upon approval of the Department of Finance through the Chief of the Division of State Lands, grant authority to any city, county or person, to construct a wharf for recreational, pleasure or boating purposes, on any lands bordering the seashore other than lands referred to in section 4000, situated in or bounding the county, with a license to take tolls for its use for a term of twenty years.
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(Enacted by Stats. 1937, Ch. 368.)
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.
Application for such authority is made by publishing notice as required in the next section, and by filing a petition in writing, containing:
(a)CA Harbors and Navigation Code § 4002(a) The name and residence of the applicant; and if a corporation, a certified copy of the articles of incorporation.
(b)CA Harbors and Navigation Code § 4002(b) A map of the waters, and the name and location thereof, and of the adjoining lands.
(c)CA Harbors and Navigation Code § 4002(c) A plan of the wharf or chute proposed to be constructed, and of the land within three hundred feet thereof.
(d)CA Harbors and Navigation Code § 4002(d) The names of the owners of the lands, and the quantity sought to be used, and whether the right to use it has been or is to be acquired by the applicant.
(e)CA Harbors and Navigation Code § 4002(e) The distance it is proposed to extend the wharf or chute into the waters.
(f)CA Harbors and Navigation Code § 4002(f) The estimated cost of the construction of the wharf or chute.
(g)CA Harbors and Navigation Code § 4002(g) The time when the application will be made.
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(Enacted by Stats. 1937, Ch. 368.)
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.
Each applicant shall publish a notice in at least one newspaper in each county which the wharf or chute touches, and in which it is located or which it will touch or in which it will be located. If there is no newspaper located in the county, then publication shall be made in a newspaper published in an adjoining county and notices shall be posted in three public places in the proper counties for four successive weeks. The notices shall specify the proposed location of the wharf or chute and shall also state the time and place at which the application will be made.
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(Enacted by Stats. 1937, Ch. 368.)
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.
When any lands sought to be appropriated and used for a wharf or chute are not owned by the applicant or if a right of way and use has not been obtained by agreement, these facts and the particular description of the land shall be set forth in the petition of the applicant, and a copy of the notice of application shall be served on the owner by the sheriff of the county, at least ten days prior to the day set for the hearing. The sheriff’s official return is conclusive evidence of service.
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(Enacted by Stats. 1937, Ch. 368.)
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.
If the owner of the land is a nonresident of the county, the sheriff may make service by leaving a copy of the notice of application with the occupant, or agent of the owner. If there is no occupant, or agent of the owner, the sheriff may place a copy in the post office addressed to the owner 30 days prior to the day set for the hearing. If the owner is a minor,
has a mental health disorder, lacks mental capacity, or is a decedent, notice shall be served on the owner’s guardian, administrator, or other legal representative.
nonresident landowner sheriff notice service occupant notice agent of the owner post office service mental health disorder minor landowner legal representative guardian notice administrator notice decedent's notice occupant of land hearing notice notice to nonresident
(Amended by Stats. 2019, Ch. 9, Sec. 2. (AB 46) Effective January 1, 2020.)
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.
On the day named in the notice, or to which the hearing is adjourned, the board shall hear proof of the publication and service of notice. If the proof is satisfactory, the board shall hear the allegations of the petition and any objections to the granting of the application, and proofs in support of each. If from the proofs it appears that the public good or convenience will be promoted thereby, the board may grant to the applicant the right to erect or construct a wharf or chute as prayed for, and to take tolls for its use for the term of twenty years.
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(Enacted by Stats. 1937, Ch. 368.)
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.
The grant conveys to the grantee or applicant the right of way and all necessary use, for the purposes of the wharf or chute, of any of the overflowed, submerged, or tidelands belonging to the State, and a right of way over any swamp, overflowed, marsh, or tidelands lying between the wharf or chute and high or dry land, fifty feet in width, for twenty years. The grant shall particularly describe the extent of the property subject to the right of way.
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(Enacted by Stats. 1937, Ch. 368.)
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.
The grant carries with it the right to have unencumbered and unobstructed the land and water on each side of the wharf or chute from high-water mark to navigable water, for a distance of one hundred and fifty feet, for the convenience of landing, loading, and unloading vessels, but for no other purpose.
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(Enacted by Stats. 1937, Ch. 368.)
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.
After authority to construct a wharf or chute has been granted, until the grantee has procured from the owner the right-of-way and other necessary incidental uses of any lands necessary for the wharf or chute, there is no authority to construct a wharf or chute or to take tolls thereon.
wharf construction chute construction landowner rights right-of-way land access incidental land uses construction permission tolls land permissions authority to build grantee responsibilities land use rights wharf permission construction authority incidental uses
(Amended by Stats. 1975, Ch. 1240.)
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.
The wharf or chute shall not be of a greater width than seventy-five feet, and it may extend to navigable water. A wharf constructed upon any of the navigable rivers, straits, sloughs, and inlets in this State may extend along the shores for a distance not exceeding one thousand feet if it does not obstruct the free navigation of the water on which it is situated. This section does not apply to the water fronts of incorporated cities or towns.
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(Enacted by Stats. 1937, Ch. 368.)
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.
The orders granting authority, and agreements, contracts, deeds, and decrees of courts granting the right of way and other use of lands, shall be filed and recorded in the office of the recorder of the county in which the wharf or chute is situated, and constitutes the franchise of the applicant. The fees of the recorder, as also the fees of the clerk, sheriff, and other officers, for services rendered, shall be paid by the applicant.
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(Enacted by Stats. 1937, Ch. 368.)
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.
The board shall annually fix the rate of tolls or wharfage for the use of the wharf or chute, to produce an income of not less than fifteen nor more than twenty-five per cent per annum on the fair cash value of the wharf or chute, and on the cost of its repair and maintenance, exclusive of the amount paid for the license required by this chapter. The value, and the cost of repair and maintenance shall be fixed by the board when fixing the rates of tolls or wharfage, by hearing evidence and examining the assessment rolls of the county. When fixed, the rates shall be furnished the owner, and a printed or written copy conspicuously posted on the wharf or chute.
toll rates wharfage fees annual income fair cash value repair and maintenance costs license exclusion rate determination county assessment rolls rate conspicuous posting income percentage requirements board determination owner notification site posting wharf use chute use
(Enacted by Stats. 1937, Ch. 368.)
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.
When the wharf or chute is completed and the tolls or wharfage fixed, the owner is entitled to a license to take tolls for the term of one year. The license shall be issued by the county auditor on the payment of such license tax as the board may fix, which tax, except for the first year, shall not be more than ten per cent of the gross receipts for tolls or wharfage for the previous year. The fee shall be paid to the county treasury for general road purposes.
wharf construction chute operation toll collection license tax gross receipts county treasury road fund annual licensing county auditor toll license wharfage fees revenue-based taxation infrastructure funding
(Enacted by Stats. 1937, Ch. 368.)
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.
An owner or keeper of a wharf or chute who takes toll or wharfage for its use forfeits the sum of twenty-five dollars, and is liable for all damage occasioned, if he fails to keep it in good repair, or if it is unsafe or dangerous. The penalty may be recovered by order of the board which granted the authority, for the use of the general road fund of the county.
wharf owner responsibility toll collection wharfage maintenance obligation unsafe wharf dangerous chute penalty for disrepair board authority general road fund liability for damages chute maintenance repair negligence county fines public safety compliance infrastructure upkeep
(Enacted by Stats. 1937, Ch. 368.)
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.
Authority shall not be granted under this chapter which will interfere with vested rights, or interfere with or infringe grants made by State authority. Authority to construct a wharf or chute does not continue for a longer period than two years, unless it is completed within that time.
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(Enacted by Stats. 1937, Ch. 368.)
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.
The lands of the State situated in the city of San Francisco, and those otherwise disposed of or situated within the limits of any incorporated town or city of this State, are excluded from the provisions of this chapter. The municipal authorities of any incorporated city or town other than San Francisco may grant authority to construct wharves or chutes as is herein provided for the boards of supervisors.
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(Enacted by Stats. 1937, Ch. 368.)
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.
A board of supervisors of a county may grant any railroad corporation authority to construct a wharf on or in front of any lands owned by it bordering on any navigable bay, inlet, lake, creek, slough or arm of the sea situated in or bounding the county, with a license to take tolls for its use for the term of the corporate existence of the railroad corporation, not exceeding fifty years, whenever the board finds the use of the wharf or pier is necessary to the exercise of the franchise of the railroad corporation for terminal purposes. The authority may be granted without offering it for sale.
Nothing contained in this chapter shall be construed to limit the powers of a board to grant the right to railroad corporations to build and construct for terminal purposes on and in front of any land owned by it a wharf of the width necessary for the carrying on of the business of such railroad at such terminal. The wharf may extend to the length that may be desirable, not exceeding one thousand feet, if it does not prevent navigation.
There is excluded from the operation of this section any and all territory and property under the jurisdiction or control of any incorporated city or town or any board of State harbor commissioners.
All of the provisions of this chapter not in conflict with anything in this section contained are applicable to all proceedings under this section.
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(Enacted by Stats. 1937, Ch. 368.)