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Full text of "California Code of Regulations, (Vol. 19), Title 14, Natural Resources (Part 2)"

^ 



Barclays Official 

California 

Code of 
Regulations 



Title 14. Natural Resources 



Complete Title 

(continued) 



Vol. 19 



XHOIVISOIM 

^ 

WEST 



Barclays Official California Code of Regulations 

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Barclays Official California Code Of Regulations 

REVISED edition 

This edition of Barclays Official California Code of Regulations, revised on April 1, 1990, has been 
published under the direction of the California Office of Administrative Law which is solely respon- 
sible for its contents. Comments or questions regarding regulations published in this edition should 
be addressed to the State of Cahfornia, Office of Administrative Law, 300 Capitol Mall, Suite 1250, 
Sacramento, CA 95814, (916) 323-6225. Errors reported will be promptly corrected in subsequent 
supplements. 

OFFICIAL PUBLICATION 

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nia Code of Regulations (Gov. Code, § 11344.6). Barclays Official California Code of Regulations, 
as revised April 1, 1990, has been certified by the Office of Administrative Law as the official publi- 
cation of the State of California for this purpose pursuant to title 1, California Code of Regulations, 
section 190. 

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Amendments to the official Code are certified weekly by the Office of Administrative Law for publi- 
cation by Barclays. These amendments, when certified and pubhshed, become part of the Official 
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CODE CITATION 

Cite all materials in the Official California Code of Regulations by title number and section number. 
Example: Title 3, California Code of Regulations, section 432 (Short form: Cal. Code Regs., tit. 3, 

§ 432). 

COPYRIGHT NOTICE 

© 2008, State of California. 

This material may not be commercially reproduced or sold in print or electronic forms without 

written permission of ThomsonAVest. 



TITLE 14. NATURAL RESOURCES 



NOMENCLATURE CROSS-REFERENCE 



(NOTE: Effective April 1 , 1 990, the Office of Administrative Law authorized the renaming of the 
hierarchical headings used within the Titles of the California Code of Regulations. Until the agen- 
cies implement these changes in their regulations, use the following Cross-Reference Table for 
the new organizational headings used in this Title.) 



OLD HIERARCHY REVISED HUERARCHY 

Division Division 

Part Subdivision 

Chapter Chapter 

Subchapter Subchapter 

Article Article 

Section Section 



Title 14 



Natural Resources 



Title Table of Contents 



Title 14. Natural Resources 



Table of Contents 



Division 1 . 

Subdivision 1. 
Chapter 1. 

Chapter 2. 

Article 1. 

Article 2. 
Article 3. 

Article 4. 
Chapter 3. 

Article 1. 
Article 2. 

Article 3. 

Article 4. 
Article 5. 
Article 6. 
Article 7. 

Chapter 4. 
Article 1. 

Chapters. 

Chapter 5.5. 
Article 1. 

Article 2. 

Article 3. 



Page 

Fish and Game Commission — Article 4. 

Department of Fish and Game 1 

Fish, Amphibians and Reptiles l ^ 

Chapter 6.5. 
General Provisions and 

Definitions l Chapter 7. 

Statewide Regulations for 

Fishing and Frogging in Inland 

Waters 6 

Fishing Methods and Gear 

Restrictions 6 Chapter 9. 

Fishing Hours 9 

Subdivision 2. 
Bait Regulations for Inland 
Waters 9 Chapter 1. 

Species Regulations ii 

Chapter 3. 
Trout, Salmon and Special 

Regulations 18 Chapter 4. 

District Definitions 18 Chapter 5. 

District General Chapter 6. 

Regulations 19 

Alphabetical List of Waters Chapter 7. 

with Special Fishing Chapter 8. 

Regulations 20 

Supplemental Regulations 26.14 q, q 

Sierra District 26.18 

Chapter 10. 
Valley District 30 

North Coast District 33 ^^ ^^ 

Chapter 12. 
Ocean Fishing 34 

Ocean and San Francisco Bay 

District 34 Subdivision 3. 

Native Reptiles and Amphibians .... 46.9 Chapter 1. 

Fishery Management Plans 46.12 Chapter 2. 

Fishery Management Plans Chapter 3. 

Generally 46.12 ^. , . 

^ Chapter 4. 

White Seabass Fishery 

Management Plan 46.13 

Nearshore Fishery Management 

Plan 47 Article 1 . 



Page 

Market Squid Fishery 

Management Plan 49 

Fish, Commercial 50.1 

Fishing Activity Records 82 

Capture, Transportation, 

Possession, and Sale of 

Freshwater Fish for Bait for 

Profit 83 

Miscellaneous 84 

Aquaculture 90.4 

Game and Furbearers 108.5 

General Provisions and 

Definitions 108.5 

Big Game 119 

Depredation 144.4 

Furbearing Mammals 144.5 

Nongame Animals 144.9 

Migratory Game Birds 144.12 

Wildlife and Public Shooting 

Areas 148 

Shooting Clubs 164.2(a) 

Areas Closed to Hunting 164.7 

Ecological Reserves 164.7 

Management of Fish and Wildlife 

on Mihtary Lands 172. ii 

General Regulations 172.1 1 

Collecting Permits 172.1 1 

Commission 176 

Miscellaneous 176 

Procedural Regulations for 

Implementation of the 

California Environmental 

Quality Act of 1970 I92.2(p) 

General I92.2(p) 



Page i 



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Title Table of Contents BARCLAYS CALIFORNIA 

Page 

Article 2. Fish and Game As Lead 

Agency 192.5 

Article 2.5. Certified Regulatory Program 
for Adoption of 
Regulations 198.1 

Article 3. Fish and Game Review 
Procedures for EIRs and 
Negative Declarations 198.2 

Chapter 5. Fish and Game Commission, 
Wildlife Conservation Board, 
and Department of Fish and Game — 
Conflict of Interest Code 198.3 

Chapter 6. Regulations for Implementation 
of the California Endangered 
Species Act 198.3 

Article 1. Take Prohibition; Permits 
for Incidental Take of 
Endangered Species, 
Threatened Species and 
Candidate Species 198.3 

Article 2. Take Incidental to Routine 
and Ongoing Agricultural 
Activities 198.8 

Article 3. Incidental Take Permit 
Guidelines for Timber 
Operations 198.12 

Chapter 7. Regulations for Implementation 
of Section 4526 of the 
Government Code 199 

Article 1. General Provisions 199 

Article 2. Specific Provisions 199 

Subdivision 4. Office of Spill Prevention and 

Response 200.1 

Chapter 1. General Definitions and 

Abbreviations 200.1 

Chapter 2. Financial Responsibility 200.6 

Subchapter 1. Certificates of Financial 

Responsibility 200.6 

Chapter 3. Oil Spill Prevention and 

Response Planning 200.10(e) 

Subchapter 1. Harbor Safety Committees 

and Harbor Safety Plans 200.10(e) 

Subchapter 3. Oil Spill Contingency 

Plans 200.12 

Subchapter 4. Oil Spill Contingency 

Plans, Nontank Vessels 200.38(o) 

Subchapter 6. Oil Transfer and Vessel 

Operations 200.38(z)(i) 



CODE OF REGULATIONS Title 14 

Page 

Article 1. General Requirements 200.38(z)(l) 

Article LI. Requirements for the 

Transfer of Oil 200.38(z)(2) 

Article 1.2. Additional Requirements for 

Lightering Operations 200.43 

Article 1.3. Transfer Operations 

Inspection Program 200.44 

Chapter 4. Vessel Requirements 200.45 

Subchapter 1. Tank Vessel Escort 
Program for the San 
Francisco Bay Region 200.45 

Article I. 200.45 

Subchapter 2. Tank Vessel Escort 
Program for the Los 
Angeles/Long Beach 
Harbor 200.50(c) 

Subchapter 3. Tank Vessel Escort 
Regulations for Port 
Hueneme Harbor 200.50(i) 

Subchapter 4. Tank Vessel Escort 

Regulations for Humboldt 
Bay 200.50(k) 

Article 1. General Provisions and 

Definitions 200.50(k) 

Subchapter 5. Escort Tug Requirements 

for San Diego Harbor 200.50(1) 

Subchapter 6. Vessel Traffic 

Information Service for 

the Ports of Los Angeles 

and Long Beach 200.50(n) 

Article 1 . General Requirements 200.50(n) 

Chapter 5. Loans, Claims and Grants 200.51 

Subchapter 1. Local Government Grant 

Program 200.51 

Article 1. General Provisions and 

Definitions 200.51 

Article 2. Grant Application 

Provisions 200.52 

Chapter 6. Fund Administration 200.58 

Subchapter 2. Oil Spill Prevention and 

Administration Fund Fee 200.58 

Chapter 7. Compliance 200.59 

Subchapter 1. Administrative Compliance 
Actions and Hearing 
Procedures 200.59 

Article 1. Administrative Compliance 
Actions and Civil 
Penalties 200.59 

Article 2. Hearing Procedures 200.61 



Page ii 



(7-25-2008) 



Title 14 



Natural Resources 

Page 

Determining Amount of Article 6. 

Petroleum Hydrocarbons 

Recovered 200.62 Article 7 

General Provisions and Article 8. 

Definitions 200.62 ^^^j^j^ ^ 

Response Technology 200.64 

Licensing and Use of Oil 

Spill Cleanup Agents 200.64 

^ ,^.. Article 11. 

General Provisions 200.64 

Licensing Oil Spill Cleanup Article 12 

Agents 200.65 

Article 13. 

Use of Oil Spill Cleanup * • , ,. 

^ ^ Article 14. 

Agents 200.68 

Department of Forestry and Fire 

Protection 201 Subchapters. 

Department of Forestry and Fire Article 1. 

Protection — Conflict of Interest * ■ 1 -, 

^ , Article 2. 

Code 201 

Article 3. 

Timber Harvesting Plans 201 Article 4 

General 201 

Article 5. 
General Forest Policies for 

California 201 ^^^^^^^ ^• 

Forest Practices 201 Article 7. 

Abbreviations and Article 8. 

Definitions 207 Article 9. 

Abbreviations and 

Definitions 207 Article 10 

Application of Forest 

Practice Rules 220.1 Article 11. 

Introduction 220.1 Article 12. 

Preparation and Review of 

Timber Harvesting Plans 221 

PRC 4555, Rule Review Subchapter 6. 

Procedures 224 

^ ^. . Article 1. 

Forest District 

Boundaries 225 Article 2. 

Districts 225 Article3. 

^ ^ T^- • Article 4. 

Coast Forest District 

Rules 226 

Article 5. 
Introduction 226 

Article 6. 
Ratings and Standards 226 

Silvicultural Methods 233 Article 7. 

Harvesting Practices and Article 8. 

Erosion Control 241 Article 9 

Site Preparation 245 



Title Table of Contents 

Page 

Watercourse and Lake 

Protection 246 

Hazard Reduction 254.3 

Fire Protection 256 

Wildlife Protection 

Practices 257 

Violations of Rules Prior to 

Changes 263 

Coastal Commission Special 
Treatment Areas 263 

Logging Roads and Landings 266 

County Rules 270.3 

Archaeological and 
Historical Resource 
Protection 282 

Northern Forest District 

Rules 286 

Introduction 286 

Ratings and Standards 286 

Silvicultural Methods 292 

Harvesting Practices and 

Erosion Control 298.1 

Site Preparation 302 

Watercourse and Lake 

Protection 303 

Hazard Reduction 312.2(e) 

Fire Protection 313 

Forest Insect and Disease 

Protection Practices 314 

Violations of Rules Prior to 

Changes 319 

Logging Roads and Landings 319 

Archaeological and 
Historical Resource 
Protection 324.3 

Southern Forest District 

Rules 328 

Introduction 328 

Ratings and Standards 328 

Silvicultural Methods 333 

Harvesting Practices and 

Erosion Control 341 

Site Preparation 344 

Watercourse and Lake 

Protection 345 

Hazard Reduction 356.1 

Fire Protection 356.3 

Wildlife Protection 

Practices 356.4 



Subchapter 2. 

Article 1. 

Chapter 8. 
Subchapter 1. 

Article 1. 
Article 2. 

Article 3. 

Division 1.5. 

Chapter 1. 

Chapter 1.5. 
Article 1. 

Chapter 3.5. 

Chapter 4. 
Subchapter 1. 

Article 1. 

Subchapter 2. 

Article 1. 
Article 2. 

Article 3. 

Subchapter 3. 

Article 1. 
Subchapter 4. 

Article 1. 
Article 2. 
Article 3. 
Article 4. 

Article 5. 



Page iii 



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Title Table of Contents BARCLAYS CALIFORNIA 

Page 

Article 10. Violation of Rules Prior to 

Changes 359 

Article 11. Coastal Commission Special 

Treatment Areas 359 

Article 12. Logging Roads and Landings 361 

Article 13. County Rules 364.2 

Article 14. Archaeological and 
Historical Resource 
Protection 364.3 

Subchapter 7. Administration 364.6 

Article 1 . Timber Operator Licenses 364.6 

Article 2. Timber Harvesting Plan 364.9 

Article 3. Timber Harvesting Plan 

Appeal Procedures 364.26(c) 

Article 3.2. Administrative Penalty 

Hearing Procedures 364.29 

Article 4. Timber Site 

Classification 364.30(a) 

Article 5. Standardized Stocking 

Sampling Procedures 364.30(a) 

Article 6. Stocking Standards for 
Substantially Damaged 
Timberlands 364.32 

Article 6.5. Nonindustrial Timber 
Management Plan 
Administration 364.33 

Article 6.75. Sustained Yield Plan 364.39 

Article 6.8. Program Timberland 

Harvesting Plan 364.42 

Article 6.9. Road Management Plan 364.50 

Article 7. Conversion of Timberland 364.52 

Chapter 4.5. Hearings 364.58 

Chapter 5. Board of Forestry — Organization 

and Operation 364.58 

Subchapter 1. Board Organization and 

Procedure 364.58 

Article 1. Abbreviations and 

Definitions 364.58 

Article 2. Membership of Committees . . . 364.59 

Article 3. Emergency Meetings 364.59 

Article 4. Membership of Committees . . . 364.59 

Subchapter 2. Board of Rulemaking Under 
Z'Berg-Nejedly Forest 
Practice Act 364.59 

Subchapter 3. Board Actions Other Than 
Rule Making Under the 
Z'berg-Nejedly Forest 
Practice Act 364.60 



CODE OF REGULATIONS 



Title 14 



Chapter 6. 

Article 1 . 
Article 2. 
Article 3. 
Article 4. 
Article 5. 
Article 6. 

Chapter 7. 
Article 1. 

Article 2. 

Article 3. 



Article 4. 


Article 5. 


Subchapter 1. 


Subchapter 2. 


Article 1. 


Article 2. 


Article 3. 


Article 4. 


Article 5. 


Subchapter 3 


Article 1. 


Article 2. 



Article 3. 



Chapter 8. 



Article 1. 


Article 2. 


Article 3. 


Chapter 9. 


Subchapter 1 


Article 1. 



Page 

Hazardous Fire Areas and 

Conditions 364.61 

General Provisions 364.61 

North Coast Region 364.61 

Sierra Cascade Region 364.61 

South Sierra Region 364.64 

Central Coast Region 364.67 

Southern California Region 364.69 

Fire Protection 364.70 

Classification of Private 

Lands for Fire Protection 364.70 

Fire Extinguisher Test 

Standards and Procedures 364.71 

Fire Prevention Standards 

for Multiposition Small 

Engines 364.71 

Fire Prevention Standards 

for Electric Utilities 364.72 

Standards for Cooperative 

Fire Protection Contracts 

During the Nonfire Season 364.77 

Fire Protection 

(Reserved) 364.77 

SRA Fire Safe 

Regulations 364.77 

Administration 364.77 

Emergency Access 364.80 

Signing and Building 

Numbering 364.81 

Emergency Water 

Standards 364.82 

Fuel Modification 

Standards 364.83 

Fire Hazard 364.83 

Fire Hazard Severity 364.83 

Fire Hazard Reduction 
Standard for Railroad Right- 
of-Way 364.84 

Fire Hazard Reduction Around 
Buildings and Structures 364.85 

Forest Products, Wood Waste or 
Residue Disposal 364.85 

Scope 364.85 

Methods of Disposal 364.85 

Fire Safety Precautions 364.85 

State Forests — Use and Sales 364.85 

Recreational Use 364.85 

Abbreviations and 

Definitions 364.85 



Page iv 



(7-25-2008) 



Title 14 



Natural Resources 

Page 

Camping Area Use 364.86 Article 2.5. 

General Restrictions 364.86(a) 

Vehicles 364.87 

Article 3. 
Restricted Use Areas 364.88 

Article 4. 
Geothermal Development 364.88 

Purpose 364.88 Chapter 1 1. 

Specific Provisions 364.88 

Article 1. 
Timber Sales 364.88 

Forest Improvement Program 364.89 

Introduction 364.89 

Article 2. 
Eligibility 364.91 

Application Procedures 364.92 

Guidelines for Cost Sharing . . . 364.92 Chanter 12 

Project Review Procedures 

and Evaluation Criteria 364.93 

Program Administration 364.93 

Request for Reconsideration Article 1 . 

of Rejected Apphcations 364.94 Article 2. 

Resource Protection Article 3. 

Guidelines 364.94 

Urban Forestry Program Chapter 13. 

Procedures 364.95 

T.J. .r.c.r Division 2. 

Introduction 364.95 

Definitions 364.95 Chapter 1. 

Eligibility 364.96 

Guidelines for Awarding Chapter 2. 

Grants 364.97 

Application Procedures 364.97 

_, . A J • . Article 1. 

Project Administration 364.98 

1 _. . Article 2. 

Appeal Procedures 364.98 

Chaparral Management 364.98 Article 3. 

Introduction 364.98 

Project Eligibility for Article 4. 

Contract 364.100 Article 5. 

Contract Application and 

Cost Sharing Procedures 364.100 ^u . -? 

'=' Chapter 3. 

Project Review Procedures 

and Evaluation Criteria 364.101 

Chapter 4. 
Request for Reconsideration 

of Rejected Applications 364.101 

Resource Protection 364.101 Subchapter 1. 

Registration of Professional Article 1 . 

Fo'-esters 364.102 Article2. 

General Provisions 364.102 Article 2 1 

Applications 364.107 



Title Table of Contents 

Page 

Applications for 

Registration Without 

Examination 364.1 10 

Examinations 364.1 10 

Miscellaneous 364. 1 1 1 

Policy for Administration for 

the Department 364.112 

Policy Guides for 

Administration of Statutes 

Protecting Natural 

Resources 364.112 

Policy Guides for 

Administration of the Fire 

Protection System 364. 1 1 2 

Regulations for the 

Implementation of the 

CaliforniaEnvironmental 

Quahty Act 364.113 

General 364.113 

Exemptions 364.113 

Private Services Selection 

Policy 364.114 

State Responsibility Fees 364.115 

Department of Conservation 365 

Department of Conservation — 

Conflict of Interest Code 365 

Implementation of the California 

Environmental Quality Act of 

1970 367 

Definitions 367 

General Responsibilities for 
Geothermal Projects 367 

Application of the Act to 
Geothermal Projects 368 

Evaluating Projects 368 

Evaluation of Environmental 

Impact Reports 368.1 

Selection of Professional 

Service Firms 368.1 

Development, Regulation, and 

Conservation of Oil and Gas 

Resources 369 

Onshore Well Regulations 369 

General 369 

Definitions 369 

Well Spacing Patterns — New 

Pools 370 



Article 2. 

Article 3. 

Article 4. 

Article 5. 
Subchapter 3. 

Article 1. 

Article 2. 
Subchapter 4. 

Chapter 9.5. 
Article 1. 
Article 2. 
Article 3. 
Article 4. 
Article 5. 

Article 6. 
Article 7. 

Article 8. 

Chapter 9.7. 

Article 1. 
Article 2. 
Article 3. 
Article 4. 

Article 5. 
Article 6. 
Article 7. 

Chapter 9.8. 
Article 1. 
Article 2. 

Article 3. 

Article 4. 

Article 5. 

Article 6. 
Chapter 10. 

Article 1. 
Article 2. 



Page V 



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Title Table of Contents BARCLAYS CALIFORNIA 

Page 

Article 3. Requirements 372 

Subchapter 1.1. Offshore Well 

Regulations 379 

Article 1. General 379 

Article 2. Definitions 380 

Article 3. Regulations 380 

Subchapter 2. Environmental Protection 387 

Article 1. General 387 

Article 2. Definitions 387 

Article 3. Requirements 388 

Subchapter 2. 1 . Methane Gas Hazards 

Reduction Assistance 390 

Subchapter 3. Unit Operations 392 

Article 1. General 392 

Article 2. Definitions and Standards 392 

Article 3. Fees and Costs 393 

Article 4. Preliminary Submission 393 

Article 5. Petitions 393 

Article 6. Hearings 394 

Article 7. Orders of the Supervisor 395 

Article 8. Offers to Sell 395 

Subchapter 4. State- Wide Geothermal 

Regulations 396 

Article 1. General 396 

Article 2. Definitions 396 

Article 3. Drilling 397 

Article 4. Blowout Prevention 401 

Article 5. Completion and Production 401 

Article 6. Injection 402 

Article 7. Subsidence 403 

Article 8. Plugging and Abandonment 404 

Article 9. Complaints and Appeals 404 

Subchapter 5. Disclosure and Inspection 

of Public Records 404 

Article 1 . General 404 

Article 2. Definitions 405 

Article 3. Status Determination 406 

Article 4. Disclosure Procedures 406.1 

Chapter 5. Division of Recycling 407 

Subchapter 1. Definitions 407 

Subchapter 2. General Requirements 4ii 

Article 1. Certification Application 

Procedures 411 

Article 2. Content of Certification 

Applications 413 



CODE OF REGULATIONS Title 14 

Page 

Article 4. General Accounting 

Requirements 425 

Article 5. Administrative Actions 430 

Subchapter 3. Manufacturers 432 

Article 1. Labeling 432 

Article 2. Accounting and Reporting 
Requirements for Container 
Manufacturers 432 

Article 3. Accounting and Reporting 
Requirements for Beverage 
Manufacturers 432 

Subchapter 4. Distributors 432.2 

Article I. Distributor Requirements 432.2 

Subchapter 5. Processors 432.4 

Article 1. Requirements for Processors ... 432.4 

Article 2. Notification Requirements 432.4 

Article 3. Accounting and Reporting 

Requirements 432.5 

Subchapter 6. Recycling Centers 432.9 

Article 1. Requirements for Recycling 

Centers 432.9 

Article 1.5. Requirements for Nonprofit 

Dropoff Programs 432.12 

Article 2. Handling Fees 432.12 

Article 3. Accounting and Reporting 

Requirements 432.13 

Subchapter 7. Dropoff or Collection 

Programs 432.16(a) 

Article 1 . Requirements for Dropoff or 

Collection Programs 432.16(a) 

Article 2. Accounting and Reporting 

Requirements 432.16(b)(1) 

Article 3. Individual Commingled 

Rate 432.16(b)(2) 

Subchapter 8. Curbside Programs 432.16(d) 

Article 1. Curbside Registration 432.16(d) 

Article 2. Individual Commingled 

Rate 432.16(0 

Article 3. Quality Glass Incentive 

Payments 432.16(h) 

Subchapter 9. Community Service 

Programs 432.16(1) 

Article 1. Requirements for Community 

Service Programs 432.16(1) 

Article 2. Accounting and Reporting 

Requirements 432.16(1) 

Article 3. Individual Commingled 

Rate 432.16(1) 

Subchapter 10. Exemptions 432.l6(r) 



Page vi 



(7-25-2008) 



Title 14 



Natural Resources 

Page 

Exemption Standards 432.l6(r) Article 12. 

General Requirements 432.]6(r) 

Pacific Beach Pilot ^^^^^^ ^^■ 

Mobile Recycfing 

Program 432.18(c) Article 14. 

General Requirements 432.18(c) 

Quality Incentive 

Payments 432.18(c) Division 3. 

General Requirements 432.18(c) 

Plastic Market Chapter 1. 

Development Payments 432.18(g) 

Chapter 2. 
General Requirements 432.18(g) 

DOR Requirements 432.180) 

DOR Determinations and Chanter 3 

Calculations 432.i8(j) 

Processing Fees and Chapter 4. 

Processing Payments 432.19 Chapter 5 

Handling Fee Payments 432.28 

^ Chapter 6. 

Office of Land Conservation 433 

Mining and Geology 435 Chapter 7. 

State Mining and Geology Chapters. 

Board 435 

Chapter 9. 
Surface Mining and 

Reclamation Pracfice 435 

Areas Designated to Be of 

Regional Significance 438 

Policies and Criteria of the 

State Mining and Geology Chapter 10. 

Board with Reference to the 

Alquist-Priolo Earthquake Chapter 11. 

Fault Zoning Act 442 

Designation Appeal 

Procedures 444 chapter 11.5. 

Reclamation Plan Appeals 446 

Mineral Resource Management Chapter 11.7 

Policies 446.2 

„. . , . . , Chapter 12. 

Financial Assurances Appeal ^ 

Procedures 446.2 Chapter 13. 

Fees Schedule 446.2(b) 

Reclamation Standards 446.7 Chapter 14. 

Seismic Hazards Mapping 446.11 

Selection of Professional Chapter 15. 

Service Firms 446.12 

Financial Assurance Article 1. 

Mechanisms 446.12(a) Article 2 

Forfeiture of Financial 

Assurance 446.13 



Title Table of Contents 

Page 

Administrative Penalty 

Petifion Procedures 446.14 

Selection of Professional 

Service Firms 446.18 

Appeals of Orders to Comply 
with the Surface Mining and 
Reclamafion Act of 1975 446.19 

Department of Parks and 
Recreation 447 

General 447 

Vehicles, Boats, Aircraft, 

Horses, and Operator Propelled 

Devices 452 

Concessions 453 

Camping 453 

Hunfing 455 

Provisions Limited to Specific 

Units 457 

Aquatic and Boafing 461 

Winter Sports 462 

Selecfion Process for Private 
Architectural, Landscape 
Architectural, Engineering, 
Environmental, Land Surveying 
and Construcfion Project 
Management Firms 462.1 

Classificafion of Park Units 462.2 

Department of Parks and 

Recreation — Conflict of Interest 

Code 465 

California Register of 

Historical Resources 465 

Recreafional Trails Program 466.7 

Land and Water Conservation 466.7 

Roberti-Z'berg Urban Open Space 

and Recreafion Program 467 

California Exposition and State 

Fair (Cal-Expo) 468 

Off-Highway Vehicle Grant 

Program Regulafions 469 

General Provisions 469 

Types of Projects and 

Specific Application and 

Content Requirements 470 



Article I. 
Arficle 2. 
Subchapter 11. 

Article 1. 
Subchapter 11.5. 

Arficle 1. 
Subchapter 11.8. 

Article 1. 
Subchapter 12. 
Article 1. 

Arficle 2. 

Arficle 3. 

Chapter 6. 

Chapter 8. 
Subchapter 1. 

Arficle 1 . 

Article 2. 

Article 3. 



Arficle 4. 

Arficle 5. 
Arficle 6. 

Arficle 7. 

Arficle 8. 
Article 9. 
Arficle 10. 
Arficle 10.5. 

Arficle 1 1 . 

Article 11.5. 



Page vii 



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Title Table of Contents BARCLAYS CALIFORNIA 

Page 

Article 3. Environmental and Match 

Requirements 470.3 

Article 4. Application Evaluation 

System 470.5 

Article 5. Accounting, Annual Audits 
and Performance Reviews, 
and Site Visits 470.5 

Chapter 15.5. Off-Highway Motor Vehicle 
Recreation Grants and 
Cooperative Agreements Program 
Regulations 470.9 

Article 1. General Provisions 470.9 

Article 2. Types of Projects and 

Specific Application and 

Content Requirements 470.13 

Article 3. Environmental and Match 

Requirements 470.15 

Article 4. Application Evaluation and 
Approval of Project 
Agreements 470.17 

Article 5. Project Administration 

Procedures 470.18 

Chapter 16. Relocation Assistance 470.19 

Article 1. General Provision 470.19 

Division 4. Department of Boating and 

Waterways 471 

Chapter 1. Department of Boating and 

Waterways 471 

Article 1. Planning Loan Regulations 471 

Article 1.1. Public Small Craft Harbor 

Loan Regulations 471 

Article 1.2. Launching Facility Grant 

Regulations 473 

Article 1.3. Floating Rest Room Grant 

Regulations 474 

Article 1.4. Recreational Marina Loan 

Regulations 474 

Article 2. Vessel Waste Disposal 474.2 

Article 3. Boating Accident and 

Casualty Reporting 474.2 

Article 4. Equipment Requirements 474.4 

Article 4.1. Capacity Plate 483 

Article 4.5. Law Enforcement Vessels 483 

Article 4.5. 1 . Boating Safety and 

Enforcement Financial Aid 

Program 483 



CODE OF REGULATIONS Title 1 4 

Page 

Article 4.6. Multi-Jurisdictional Vessel 

Restrictions 484.5 

Article 5. Pilot Rules and Rules of the 

Road 484.6 

Article 5. 1 . Closure of Waterways to 

Recreational Boating 490 

Article 6. Waterway Marking System 490.1 

Article 7. For Hire Vessel Operator's 

License 492 

Article 8. Yacht and Ship Broker 

Licenses 494 

Article 9. Small Boat Towing and 

Safety 497 

Article 10. Boating Safety Education 

Regulations 498 

Article 11. Selection Process for 
Private Architectural, 
Landscape Architectural, 
Engineering, Environmental, 
Land Surveying and 
Construction Project 
Management Firms 498 

Chapter 2. Regulations for Implementation 
of the California Environmental 
Quality Act of 1970 500 

Chapter 3. Conflict of Interest Code 500 

Division 5. San Francisco Bay Conservation 
and Development 
Commission 503 

Chapter 1 . General Provisions 503 

Article 1. Interpretation of 

Regulations 503 

Article 2. Definitions 503 

Article 3. Boundary and Jurisdictional 

Questions 505 

Chapter 2. The Commission, the Staff, and 

the Advisory Review Boards 505 

Article 1. Regular Meetings 505 

Article 2. Special Meetings 506 

Article 3. Emergency Meetings 506 

Article 4. Meetings — Quorum and 

Procedures 506 

Article 5. Officers 507 

Article 6. Staff 508 

Article 7. Advisory Boards 508 

Article 8. Ex Parte Communications 508 



Page viii 



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Natural Resources 

Page 

Major Permits Procedures: Article 2. 

Applications, Amendments to 

Applications, and Application Article 3 

Summaries 508.2 

Definitions 508.2 Subchapter 2. 

Definitions 508.2 Article 1 

Applications for a Major Article 2. 

Permit 508.2 

Article 3. 

Application Requirements 508.2 

Schedule of Fees for Filing 

and Processing Permit 

Applications 510.1 Article 1. 

Filing Procedures 510.1 

Article 2. 
Distribution or 

Applications 511 Article 3. 

Amendments to Applications 511 

Article 4. 
Summaries of Applications 

for Major Permits 512 Chapter 8. 

Major Permit Procedures: Article 1 . 

Commission Hearings and Public 
Comments on Applications 512 

Commission Hearings 512 

Scheduling Public Hearings 512 , . , ^ 

^ Article 3. 

Hearing Procedures and Field 

Trips 513 Chapter 9. 

Additional Hearings, 

Withdrawal, and Off- Article 1 . 

Calendar Items 513 

Public Comments on Article 2. 

Applications 514 ^, , _ 

^^ Chapter 10. 

Major Permit Procedures: 

Approval or Denial of Permits 514 

Staff Recommendations 514 

Article 1. 

Voting 515 

^ Article 2. 

Issuance of Permits 517 

^ . , „^ Chapter 11. 

Denial of Permits 518 ^ 

Notice of Completion 518 Chapter 12. 

Permit Procedures: 

Administrative and Emergency Article 1 

Permits 518 

Procedures for Permits Article 2 

for Minor Repairs or 

Improvements 

(Administrative 

Permits) 518 Chapter 13. 

Definitions 518 Subchapter 1. 



Title Table of Contents 

Page 

Applications for 

Administrative Permits 519 

Approval or Denial of 
Administrative Permits 520 

Emergency Permits 521 

Applications 521 

Procedures 52 1 

Emergency Repairs to 

Maintain Public Services 522 

Special Rules 522 

Special Rules for Non- Water- 
Oriented Fills 522 

Other Special Rules 523 

Fees for Commission 

Documents 524.1 

Dredging 524.1 

Amendments to Permits 524.2 

Determination of Materiality 

or Nonmateriality of a 

Proposed Amendment 524.2 

Amendments to Administrative 
Permits 524.2 

Amendments to Major Permits ... 525 

Expansion of Existing Uses and 

Claims of Exemption 526 

Resolutions on Expansion of 
Existing Uses 526 

Claims of Exemption 526 

Amendments to the San Francisco 
Bay Plan or the Suisun Marsh 
Protection Plan and Other 
Planning Matters 527 

Plan Amendments 527 

Other Planning Matters 528.5 

Special Area Planning 528.6 

Certification and Amendment of 

Suisun Marsh Local Protection 

Program 529 

Certification of Local 

Protection Program 529 

Amendment of the Suisun 

Mtirsh Local Protection 

Program 530 

Enforcement Procedures 531 

General Provisions 531 



Chapter 3. 



Subchapter I. 

Article 1. 
Subchapter 2. 

Article 1. 
Article 2. 

Article 3. 
Article 4. 

Article 5. 
Subchapter 3. 

Chapter 4. 

Subchapter 1. 
Article 1. 
Article 2. 

Article 3. 

Subchapter 2. 

Chapters. 

Article 1. 
Article 2. 
Article 3. 
Article 4. 
Article 5. 

Chapter 6. 
Subchapter 1 . 



Article 1. 



Page ix 



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Title Table of Contents BARCLAYS CALIFORNIA 

Page 

Subchapter 2. Procedures for the 

Issuance of Cease and 

Desist Orders, Permit 

Revocation Orders, and 

Civil Penalty Orders 532 

Article 1 . Definitions 532 

Article 2. Commission Cease and Desist 
Orders, Permit Revocation 
Orders, and Civil Penalty 
Orders 532 

Chapter 14. Marsh Development Permits Issued 
by Local Governments and 
Appeals Therefrom 538.2 

Subchapter 1. Marsh Development Permits 
Issued by Local 
Governments 538.2 

Article 1. Application 538.2 

Article 2. Marsh Development Permits 
Issued by Local 
Governments 539 

Article 3. Issuance of Local Marsh 

Development Authorizations 539 

Article 4. Commission Review of Marsh 

Development Authorization 540 

Subchapter 2. Appeals to the Commission 
of Local Marsh 
Development 
Authorizations 540 

Article 1 . Filing Appeals 540 

Article 2. Appeal Procedures 541 

Chapter 15. Implementation of the California 

Environmental Quality Act 541 

Subchapter 1. When the Commission Is 

the Lead Agency 541 

Article 1. Environmental Determinations 

of Exemption 541 

Article 2. Initial Environmental 
Information and 
Determination If 
Environmental Assessment 
Required 542 

Article 3. Preparation of an 

Environmental Assessment 542 

Article 4. Use of Consultants 542 

Article 5. Environmental Fees 543 

Article 6. Appeals 544 

Subchapter 2. When the Commission Is a 

Responsible Agency 544 



CODE OF REGULATIONS Title 14 

Page 

Chapter 16. San Francisco Bay Conservation 
and Development Commission — 
Conflict of Interest Code 544 

Chapter 17. Region wide Permits 545 

Article 1. Issuance of Regionwide 
Permits and Abbreviated 
Regionwide Permits 545 

Article 2. Notice of Intent to Proceed 

Under Regionwide Permits 545 

Article 3. Notice of Intent to Proceed 
Under Abbreviated 
Regionwide Permits 546 

Chapter 18. Selection of Consultants to 

Provide Selected Professional 

Services in the Following 

Areas: Architecture, Landscape 

Architecture, Engineering, Land 

Surveying, Environmental, and 

Construction Project 

Management 580.12 

Chapter 19. San Francisco Bay Plan 580.14 

Chapter 20. San Francisco Bay Area Seaport 

Plan 580.16 

Chapter 21. Special Area Plans 580.18 

Chapter 23. Suisun Marsh Protection Plan 580.18 

Chapter 24. Suisun Marsh Local Protection 

Plan 580.19 

Division 5.2. Colorado River Board of 

California 581 

Chapter 1. Guidelines for the Evaluation of 
Projects Under the California 
Environmental Quality Act of 
1970 581 

Chapter 2. Colorado River Board of 

California — Conflict of Interest 

Code 582 

Division 5.3. California Tahoe 

Conservancy 583 

Article 1. Definitions 583 

Article 2. Conservancy Meetings 583 

Article 3. Legal Actions 583 

Article 4. Implementation of California 

Environmental Quality Act 583 

Article 5. California Tahoe Conservancy — 

Conflict of Interest Code 584 



Page X 



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Natural Resources 
Page 

California Tahoe Regional Article 12. 

Planning Agency 587 

Article 13. 
California Coastal 

Commission 589 . . , , . 

Article 14. 

General Provisions 589 Article 15. 

Interpretation of Article 16. 

Regulations 589 Article 17. 

Definitions 589 Article 18. 

Official Records 589 Subchapter 2. 

Meetings 590 c u u . ^ 

'^ Subchapter 3. 

Regular Meetings — Time 590 

Regular Meetings — Notice 590 

Special Meetings 590 

Subchapter 4. 
Emergency Meetings 590 

Meetings — Quorum and Article 1 

Procedures 590 a _■ i o 

Article 2. 

Officers and Staff 591 Article 3. 

Officers ; 591 Article 4. 

Staff 591 

Subchapter 5. 

California Coastal Commission — 

Conflict of Interest Code 592 Article 1 

Coastal Development Permits Article 2. 

Issued by Coastal Commissions 592 

Regular Permits 593 Article 3. 

When Local Applications Must 

Be Made First 593 ^^^^^^ ^■ 

Application for Permit 593 , . , ^ 

^^ Article 5. 

Applicant's Notice c u u . /: 

^^ Subchapter 6. 

Requirements 594 

Article 1. 

Schedule of Filing Fees for . . ^ 

D D -7 Article 2. 
Processing Permit 

Applications and Other 

Filings 595 Article 3. 

Determination Concerning 

Filing 596 Articled 

Staff Reports 596.1 . , 

Article 5. 

Public Comments on a_- i ^ 

Article 6. 

Applications 597 

Article 7. 

Hearing Dates 597 ^ , , 

Subchapter 7. 

Oral Hearing Procedures 598 

Field Trips 598 Article 1. 

Additional Hearings, 

Withdrawal and Off-Calendar Subchapter 8. 

Items, Amended 

Applications 599 



Title Table of Contents 

Page 

Preparation of Staff 
Recommendation 599 

Commission Review of Staff 
Recommendation 600 

Voting Procedure 600 

Consent Calendar Procedures 601 

Revocation of Permits 602 

[Reserved] 603 

Reconsideration 603 

Appeals to State 

Commission 603 

Applications Filed Under 

the California Coastal 

Zone Conservation Act of 

1972 605 

Permits for an Approval 

of Emergency Work 605 

General 605 

Apphcations 605 

Procedures 605 

Emergency Actions Without a 
Permit 606 

Procedures for 

Administrative Permits 606 

General 606 

Application for 

Administrative Permits 606 

Criteria for Granting 

Administrative Permits 606 

Reports on Administrative 

Permits 607 

Appeals 607 

Permits 607 

Format of Permits 607 

Notice of Receipt and 
Acknowledgment 607 

Time for Issuing Permits and 
Distribution 608 

Disputes over Contents of 

Permits 608 

Amendments to Permits 608 

Extension of Permits 608.1 

Transfer of Permits 608.2 

Enforcement and Violation 

of Permits 608.2 

Enforcement 

Responsibilities 608.2 

Procedures for the 

Issuance of Commission 

Cease and Desist Orders 608.2 



Division 5.4. 


Division 5.5. 


Chapter 1. 


Article 1 . 


Article 2. 


Article 3. 


Chapter 2. 


Article 1 . 


Article 2. 


Article 3. 


Article 4. 


Article 5. 


Chapter 3. 


Article 1. 


Article 2. 


Chapter 4. 


Chapter 5. 


Subchapter 1 


Article 1. 


Article 2. 


Article 3. 


Article 4. 



Article 5. 



Article 6. 


Article 7. 


Article 8. 


Article 9. 


Article 10, 


Article 11. 



Page xi 



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Title Table of Contents BARCLAYS CALIFORNIA 

Page 

Subchapter 9. Procedures for the 

Issuance of Restoration 

Orders 608.7 

Chapter 6. Exclusions from Permit 

Requirements 608.8 

Subchapter 1. Claims of Vested Rights 608.8 

Article 1. Review Provisions 608.8 

Article 2. Grant of Claim 609 

Subchapter 2. Vested Rights Under the 
California Coastal Zone 
Conservation Act of 
1972 609 

Subchapter 3. Permits Approved by the 

California Coastal Zone 
Conservation Commission 
Prior to January 1 , 

1977 609 

Subchapter 3.5. Development on Parcels 
Added to the Coastal 
Zone on January 1, 1980 609 

Article 1. Review Provisions 609 

Article 2. Grant of Claim 610 

Subchapter 4. Urban Land Exclusion 610 

Article 1 . Commission Review 

Procedures 610 

Article 2. Environmental Impact Review 
Pursuant to the California 
Environmental Quality Act 612 

Article 3. Implementation of Urban 

Exclusion Order 612 

Article 4. Relationship to Local 

Coastal Program 612 

Subchapter 4.5. Waiver of Permit 

Requirements for De 

Minimis Development 612 

Subchapter 5. Categorical Exclusions 613 

Article!. Commission Review 

Procedures 613 

Article 2. Implementation of 

Categorical Exclusion 

Order 614 

Subchapter 6. Existing Single-Family 

Residences 614 

Subchapter 7. Repair and Maintenance 
Activities That Require 
a Permit 615 



CODE OF REGULATIONS Title 14 

Page 

Subchapter 7.5. Improvements to 

Structures, Other than 

Single-Family Residences 

and Public Works 

Facilities That Require 

Permits 616 

Subchapter 8. Minor Adjustments to the 

Coastal Zone Boundary 616 

Article 1. Boundary Adjustment and 
Boundary Determination 
Requests 6]6 

Article 2. Commission Action on 
Boundary Adjustment 
Request 617 

Article 3. Commission Hearing and 

Voting Procedure 617 

Article 4. Withdrawal and 

Reapplication 618 

Chapter 7. Coastal Development — Permits 

Issued by Local Governments and 

Other Public Agencies 618 

Subchapter 1. Coastal Development 

Permits Issued by Local 

Governments 618 

Article 1 . Local Government Coastal 

Development Permit Program — 618 

Article 2. Requirements for the Local 

Government Coastal 
Development Permit System . . . 618.1 

Article 3. Local Government Issuance of 
a Coastal Development 
Permit 619 

Article 4. Coastal Commission Review of 
Local Coastal Development 
Permit 620 

Subchapter 1.5. Permits Issued and 
Reviewed by Local 
Governments and the 
Commission Pursuant to 
Certified Land Use 
Plans 621 

Article 1 . Procedures for the Issuance 
of Administrative Permits 
by a Local Official 621 

Article 2. Emergency Permit 

Applications Processed by 

Local Officials 622 

Article 3. Appeals to State Commission 
Prior to Certification of a 
Local Coastal Program 623 

Subchapter 2. Public Works Plans 624 



Page xii 



(7-25-2008) 



Title 14 



Natural Resources 

Page 

Scope and Applicability of Article 17. 

Subchapter 624 

Application Requirements 624 Article 18. 

Plan Review, Procedures and 

Findings 625 Subchapter 6. 

Project Review 625 Article 1. 

Project Review After Article 2. 

Certification of Local 

Coastal Program 626 

Amendment of Public Works Article 3. 

Plan 626 

Article 4. 
Implementation Plans 627 

Local Coastal Programs Article 5 

(LCPs) and State 

University or College 

Long Range Development Article 6. 

Plans (LRDPs) 627 

Scope and Definitions 627 

Issue Identification 627 

Chapter 9. 

(Reserved) 628 ^ , , 

Subchapter 1. 

Methodology 628 

Public Participation 630 

Preliminary Review of LCPs 

and LRDPs 630 

Submission of LCPs and 

LRDPs 631 -All 

Article 1. 

General Review Procedures a _♦• i o 

Article 2. 

for LCPs and LRDPs 632 

Article 3. 

Review ot Land Use Plans: 

Determination of 

Substantial Issue 632 Chapter 10. 

Commission Action on Land Subchapter 1. 

Use Plans and LRDPs 633 

Commission Action on 

Implementation Actions of 

LCPs 635 

Confirmation of LCP 

Certification 635 

Confirmation of Final and _, 

Effective LRDP Chapter 11. 

Certification and 

Subsequent Review of Subchapter 2. 

Development Projects 636 

Amendments to Certified LCPs 

^""LRDPs 637 Divi3ion5.6. 

Environmental Impact Review — 
Local Coastal Programs and Chapter 1. 

Long Range Development Article 1. 

Plans 638 



Title Table of Contents 

Page 

Local Coastal Program 
Implementation Regulations 639 

Map Requirement and Boundary 
Determination Criteria 641 

Ports 642 

Scope and Jurisdiction 642 

Delineation of an Area as a 

Wetland, Estuary, or 

Existing Recreation Area 643 

Coastal Development Permits 

Prior to Certification 643 

Preparation and Review of 

Port Master Plans 643 

Notification and Appeals 

After Certification 645 

Environmental Impact Review — 
Port Master Plans and 
Development Undertaken in 
Port Areas 645 

Sewage Treatment Works 646 

Review of Sewage 

Treatment Works for 

Which Request for State 

and/or Federal Funding 

Has Been Made to the 

State Water Resources 

Control Board 646 

Scope 646 

Completeness of Application 646 

Filing, Hearings, and 

Appeals 647 

Federal Consistency 647 

Commission Procedures for 

Consistency 

Certifications for Outer 

Continental Shelf (OCS) 

Exploration, Development 

or Production Plans for 

OCS Related Federal 

Permits 647 

Energy Facilities and LCP 

"Override" Procedures 650 

Certified Local Coastal 
Program (LCP) Amendment 
"Override" Procedures 650 

State Coastal Conservancy 653 

General Provisions 653 

Interpretation of 

Regulations 653 



Article 1. 

Article 2. 
Article 3. 

Article 4. 
Article 5. 

Article 6. 

Chapter 8. 
Subchapter 2. 



Article 1. 


Article 2. 


Article 3. 


Article 4. 


Article 5. 


Article 6. 


Article 7. 


Article 9. 


Article 10. 


Article 11. 


Article 12. 


Article 13. 


Article 14, 



Article 15. 
Article 16. 



Page xiii 



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Title Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



Chapter 2. 
Article 1. 
Article 2. 

Chapter 3. 
Article 1. 

Chapter 4. 



Chapter 5. 
Chapter 6. 

Chapter 7. 

Article 1. 
Article 2. 

Chapter 8. 



Article 1. 
Article 2. 

Article 3. 



Division 5.7. 

Chapter 1. 
Chapter 2. 

Chapter 4. 
Chapter 5. 



Page 

Meetings 653 

Notice 653 

Quorum and Procedures 653 

Officers and Staff 653 

Officers 653 

Procurement of Private 

Architectural or Engineering 

Services 654 



Procedures for Acquisition of 
Interests in Real Property 



State Coastal Conservancy — 
Conflict of Interest Code 



Experimental Fishing Gear Loan 
Program 



Authority and Purpose 

Loan Program Establishment 
and Operation 



654 

654 

654 
654 

655 



Contracting Process for Private 
Architectural, Engineering, 
Environmental, Land Surveying 
or Construction-Project 
Management Firms 



General Provisions 



Procedures for Procuring 
Services 



657 
657 

658 



Disabled Veteran Business 
Enterprise Participation 
Goals for Contracts with 
Private Architectural, 
Landscape Architectural, 
Engineering, Land 
Surveying, Construction- 
Project Management, and 
Environmental Services 
Firms 



659 



Santa l\/lonica l\/lountains 
Conservancy 661 

Project Plans 661 

Santa Monica Mountains 

Conservancy — Conflict of 

Interest Code 661 

Project Initiation 661 

Project Plans 662 



Division 5.8. 



Chapter 1. 



Chapter 2. 



Division 6. 

Article 1. 
Article 2. 
Article 3. 

Chapter 2.5. 
Chapter 3. 



Article 1. 
Article 2. 
Article 3. 

Article 4. 
Article 5. 

Article 6. 



Article 6.5. 


Article 7. 


Article 8. 


Article 9. 


Article 10. 


Article 11. 


Article 11.5. 


Article 12. 


Article 12.5 



Article 13. 



Page 

San Gabriel and Lower Los 
Angeles Rivers and Mountains 
Conservancy 662.1 

San Gabriel and Lower Los 
Angeles Rivers and Mountains 
Conservancy 



662.1 



Selection Process for Private 
Architectural, Landscape 
Architectural, Engineering, 
Environmental, Land Surveying 
and Construction Project 
Management Firms 



662.1 



Resources Agency 663 

Definitions 663 

General Provisions 663 

Special Provisions 664.2 

Dredging Projects in 

San Francisco Bay 664.3 

Guidelines for Implementation of 

the California Environmental 

Quality Act 664.3 

General 664.3 

General Responsibilities 666 

Authorities Granted to 

Public Agencies by CEQA 667 

Lead Agency 668 

Preliminary Review of 

Projects and Conduct of 

Initial Study 669 

Negative Declaration 

Process 675 

Statutory Exemptions 678 

EIR Process 678 

Time Limits 686 

Contents of Environmental 

Impact Reports 688 

Considerations in Preparing 

EIRs and Negative 

Declarations 693 

Types of EIRs 697 

Master Environmental Impact 
Report 700 

Special Situations 702 

Exemptions for Agricultural 

Housing, Affordable 

Housing, and Residential 

Infill Projects 704.2 

Review and Evaluation of 

EIRs and Negative 

Declarations 704.6 



Page xiv 



(7-25-2008) 



Title 14 



Natural Resources 

Page 

Projects Also Subject to the Article 2. 

National Environmental Article 3 

Policy Act (NEPA) 707 ^^.^j^ ^^ 

Litigation 709 

EIR Monitor 709 Article 5. 

Exemption for Certified Article 6. 

State Regulatory Programs 709 Article 7. 

Statutory Exemptions 711 

Categorical Exemptions 714.2 Article 8. 

Definitions 714.8 

Chapter 3. 
Resources Agency — Conflict of 

Interest Code 714.30 * ■ , i 

Article 1. 

Office of Planning and Article 2. 

Research 71 5 Article 3. 

Regulations for Designation of 

Lead Agency for the Preparation ^ ' ' 

of Environmental Documents 715 Article 4. 

General 715 Article4.1. 

Purpose 715 

Article 4.5. 
Policy 715 

Submission of Dispute to 

OPR 715 Article 5. 

Designation on the 

Statements 716 Article 5.4. 

Hearing 716 

Administrative Record 717 Article 5.5. 

California Integrated Waste Article 5.6. 

Management Board 71 9 

General Provisions 719 

Emergency Waiver of Article 5.7. 

Standards 719 

Contracting with 
Architectural, Engineering, 
Environmental, Land 
Surveying and Construction 

Project Management Firms 720.1 Article 5.8. 

Implementation of Federal 

Laws 720.3 Article 5.9. 

Public Records 720.4 

Unreliable Contractors, 

Subcontractors, Borrowers 

and Grantees 720.5 Article 5.95. 

Planning Guidelines and 

Procedures for Preparing, 

Revising and Amending County Article 6 

Solid Waste Management Plans 720.7 

Authority 720.7 



Title Table of Contents 

Page 

Purpose and Intent 720.8 

Definitions 720.8 

Comphance and 

Compatibility 721 

Responsibility 721 

Contents of the Plan 721 

Procedures for Preparing and 
Revising Plans 722 

Procedures for Amending 

Plans 723 

Minimum Standards for Solid 

Waste Handling and Disposal 723 

General 723 

Purpose and Intent 724 

Emergency Waiver of 

Standards 724 

Temporary Waiver of Terms 726 

Definitions 729 

Waste Tire Program 

Definitions 732 

Implementation of Federal 
Municipal Solid Waste 

Landfill Minimum Standards 733 

Solid Waste Storage and 

Removal Standards 735 

Waste Tire Monofill 

Regulatory Requirements 736 

Waste Tire Storage and 

Disposal Standards 736.3 

Nonhazardous Petroleum 
Contaminated Soil 
Operations and Facilities 
Regulatory Requirements 736.5 

Hazardous Waste Disposal 
Facilities Disposing 
Nonhazardous, 
Nonputrescible, Industrial 
Solid Waste Regulatory 

Requirements 737 

Nonhazardous Ash Regulatory 

Tier Requirements 738.1 

Construction and Demolition 
and Inert Debris Transfer/ 
Processing Regulatory 
Requirements 738.5 

Construction and Demolition 
Waste and Inert Debris 
Disposal Regulatory 

Requirements 738.14 

Transfer/Processing 

Operations and Facilities 

Regulatory Requirements 738.19 



Article 14. 

Article 15. 
Article 16. 
Article 17. 

Article 18. 
Article 19. 
Article 20. 

Chapter 4. 

Division 6.3. 

Chapter 1 . 

Article 1. 
Article 2. 
Article 3. 
Article 4. 

Article 5. 

Article 6. 
Article 7. 

Division 7. 

Chapter 1. 
Article 1. 

Article 2. 



Article 3. 

Article 4. 
Article 5. 



Chapter 2. 



Article 1. 



Page XV 



(7-25-2008) 



Title Table of Contents BARCLAYS CALIFORNIA 

Page 

Article 6.1. Siting and Design 744 

Article 6.2. Operating Standards 744 

Article 6.3. Record Keeping 

Requirements 744.3 

Article 6.35. Additional Operating 

Requirements for Facilities 

Only 744.3 

Article 6.4. Transfer/Processing Station 

Standards 744.4 

Article 7.1. Disposal Site Standards — 

General 744.6 

Article 7.2. Disposal Site Siting and 

Design 745 

Article 7.3. Disposal Site Records 745 

Article 7.4. Disposal Site Improvements 745 

Article 7.5. Disposal Site Operations 745 

Article 7.6. Disposal Site Controls 747 

Article 7.8. Disposal Site Standards 

Closure and Postclosure 748 

Article 8. Agricultural Solid Waste 

Management Standards 752 

Article 9. Litter Receptacle Standards 755 

Chapter 3.1. Compostable Materials Handling 
Operations and Facilities 
Regulatory Requirements 755 

Article 1. General 755 

Article 2. Regulatory Tiers for 

Composting Operations and 
Facilities 758 

Article 3. Report of Facility 

Information 762 

Article 4. Standardized Composting 
Permit Terms and 
Conditions 762 

Article 5. Composting Operation and 
Facility Siting and Design 
Standards 762 

Article 6. Composting Operating 

Standards 762.1 

Article 7. Environmental Health 

Standards 762.1 

Article 8. Composting Operation and 

Facility Records 762.3 

Article 9. Composting Facility Site 

Restoration 762.4 

Chapter 3.5. Standards for Handhng and 

Disposal of Asbestos Containing 

Waste 763 



CODE OF REGULATIONS Title 14 

Page 

Article 1. General 763 

Article 2. Standards 764 

Article 3. Excavation Requirements 765 

Article 4. Closure and Post Closure 766 

Article 5. LEA Standards and 

Authorization 766 

Chapter 4. Resource Conservation Programs 766 

Article 1. Recycling Market Development 

Zone Designation Process 766 

Article 1.1. Recycling Market Development 

Revolving Loan Program 767 

Article 1.2. Leveraging the Recycling 
Market Development Zone 
Revolving Loan Fund 770 

Article 2. Recycling InvestmentTax 

Credit Program 770. l 

Article 3. Rigid Plastic Packaging 

Container Program 770.1 

Article 4. Recycled Content Newsprint 780 

Article 5. Recycled Content Trash Bag 

Program 785 

Article 6. At-Store Recycling Program 
Recordkeeping, Reporting 
and Measurement 790 

Chapter 4.5. Farm and Ranch Solid Waste 
Cleanup and Abatement Grant 
Program 792 

Article 1. Authority 792 

Article 2. Definitions 793 

Article 3. Eligibility Requirements 793 

Article 4. Grant Process 794 

Article 5. Property Owner Grant 

Application Request 794.1 

Chapter 5. Enforcement of Sohd Waste 

Standards and Administration of 

Solid Waste Facility Permits; 

Loan Guarantees 794.2 

Article I. Definitions and General 

Provisions 794.2 

Article 2. Designation of a Local 

Agency and the Appointment 

of Hearing Panels or 

Hearing Officer 795 

Article 2. 1 . LEA Certification 

Requirements 797 

Article 2.2. LEA Performance Standards, 
Evaluation Criteria, and 
Duties and 
Responsibilities 800 



Page xvi 



(7-25-2008) 



Title 14 



Natural Resources 

Page 

Board Actions over LEAs 802 Article 4. 

LEA Grants 803 Article 5. 

Regulatory Tier Article 6. 

Requirements 804 

Application for Solid Waste Article 7. 

Facilities Permits 804.5 Article 8.5. 

Temporary Solid Waste 

Facilities Permits 805 

Reports of Facility 

Information 806.2(b) 

Financial Responsibility for 

Operating Liability 

Claims 806.2(0 Article 9. 

Application and Approval of 
Closure and Postclosure 
Maintenance Plans 806.2(g) 

Financial Responsibility for 
Closure and Postclosure 
Maintenance 806.4 

Enforcement by EA and Review a • i 1 1 

, _. , /\mcjc ii. 

by Board 806.7 

Enforcement by Board 806. 1 1 

Inventory of Solid Waste 

Facilities Which Violate Chapter 7 

State Minimum Standards 806.12 

Article 1. 

Criteria, Priority and a ' i i i 

Administration of the Loan 

Guarantee Program Provided Article 2. 

Pursuant to the Waste Article 2. 1 . 

Disposal Site Hazard 

Reduction Act of 1987 806.12(a) Article 2 2 

California Integrated Waste Article 3. 

Management Board — Conflict of 

Interest Code 806.32 Article 4. 

Permitting of Waste Tire Article 5 . 

Facilities and Waste Tire Chapter 7 2 

Hauler Registration and Tire 

Manifests 806.33 .... 

Article 1. 

General 806.33 a _■ i '^ 

Article 2. 

Review of Permit Article 3. 

Applications 806.34 

Permit Issuance, Renewal, 

Revision, Revocation, Article 4. 

Denial, Suspension, a • i -c 

Reinstatement, Change of 

Owner, Operator, and/or 

Address 806.35 Chapter 8. 

Enforcement Criteria for Article 1 . 

Waste Tire Facilities 806.36 



Title Table of Contents 

Page 

Permit Application 806.38 

Closure 806.39 

Inspection of Waste Tire 

Facihties 806.40 

Records 806.40 

Waste Tire Hauler 
Registration and 
Manifesting Requirements 
for Used and Waste Tire 
Haulers, Retreaders, Used 
and Waste Tire Generators, 
and Used and Waste Tire End- 
Use Facilities 806.41 

Financial Assurance 

Requirements for Closure of 

a Major Waste Tire 

Facility 806.53 

Financial Responsibility for 

Operating Liabihty Claims 

of Major Waste Tire 

Facilities 806.58 

Financial Assurances 
Enforcement Procedures for 
Major Waste Tire 
Facilities 806.65 

Special Waste Standards 806.66 

General 806.66 

Definitions 806.66 

General Provisions 806.66(a) 

Non-Discretionary 

Grants 806.66(b) 

Discretionary Grants 806.67 

Used Oil Collection 

Demonstration Grant 806.69 

General Provisions 806.69 

Grants 806.69 

Playground Safety and Recycling 

Act Grant Program 806.69 

General 806.69 

Definitions 806.69 

Eligible Local Public 

Agencies and Eligible 

Projects 806.69 

Selection Process 806.70 

Grant Amount and Eligible 

Costs 806.70 

Used Oil Recycling Program 806.70(a) 

General Provisions and 

Definitions 806.70(a) 



Article 2.3. 
Article 2.3. 
Article 3.0. 

Article 3.1. 

Article 3.1.1. 

Article 3.2. 

Article 3.3. 

Article 3.4. 

Article 3.5. 

Article 4. 

Article 5. 
Article 5.1. 

Article 6. 



Chapter 5.9. 



Chapter 6. 



Article 1. 
Article 2. 

Article 3. 



Article 3.5. 



Page xvii 



(7-25-2008) 



Title Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



Article 2. 
Article 2.1. 

Article 3. 
Article 3.1. 
Article 4. 
Article 5. 

Article 6.0. 
Article 6.1. 



Article 7. 


Article 8. 


Article 8.1. 


Chapter 8.2. 


Article 1. 


Article 2.0. 



Article 2.1. 



Article 2.2. 



Article 2.3. 



Article 2.4. 



Article 2.5. 



Page 

General Recordkeeping 
Requirements 806.70(b) 

Recordkeeping, Auditing, and 
Administrative Actions for 
Entities Claiming Recycling 
Incentives 806.72 

Oil Manufacturers 806.73 

Exemptions 806.74 

Used Oil Haulers 806.74 

Used Oil Recycling 

Facilities 806.75 

Used Oil Collection Center 
Certification and Operation 
Standards 806.77 

Registration Requirements 

for Industrial Generators, 

Operators of Curbside 

Collection Programs, and 

Electric Utilities 806.82 

Recycling Incentive 

Payments 806.84 

General Provisions for Used 

Oil Recycling Grants 806.86 

Local Government Block 

Grants 806.87 

Electronic Waste Recovery and 
Recycling 806.88 

General 806.88 

Electronic Waste Payment 

System — Applicability and 

Limitations, Document 

Submittals, Records, Audits 

and Net Cost Report 806.88(b) 

Electronic Waste Payment 
System — Applications for 
Approval 806.88(e) 

Electronic Waste Payment 

System — Business 

Requirements 806.88(i) 

Electronic Waste Payment 
System — Recycling Payment 
Claims 806.88(k) 

Electronic Waste Payment 

System — Cancellation 

Methods, Recovery Payment 

Rate, and Combined Recovery 

and Recycling Payment 

Rate 806.88(o) 

Electronic Waste Payment 

System — Manufacturer 

Payments 806.88(p) 



Article 3. 
Article 4. 

Article 5. 
Chapter 9. 

Article 3. 
Article 6.1. 

Article 6.2. 

Article 6.3. 

Article 6.4. 

Article 6.5. 
Article 6.6. 

Article 7. 



Article 8. 



Article 9.0. 
Article 9.1. 

Article 9.2. 
Article 9.3. 



Chapter 10. 
Article 1. 



Page 

Manufacturer Reporting 806.88(r) 

Consumer Information 

Required of a 

Manufacturer 806.88(s) 

Confidential, Proprietary 

and Trade Secret 

Information 806.88(s) 

Planning Guidelines and 
Procedures for Preparing and 
Revising Countywide Integrated 
Waste Management Plans 806.88(0 

Definitions 806.88(t) 



Solid Waste Generation 
Studies 



806.92 



Source Reduction and 

Recycling Elements 806.99 

Household Hazardous Waste 
Elements 806.ni 



Nondisposal Facility 
Element 



806.113 



Siting Elements 806.114 

Countywide and Regional 
Agency Integrated Waste 
Management Plans 806.116 

Procedures for Preparing and 

Revising City, Regional 

Agency and County Source 

Reduction and Recycling 

Elements, and Household 

Hazardous Waste Elements 

and City and County 

Nondisposal Facility 

Elements 806.118 

Procedures for Preparing and 
Revising Siting Elements, 
Summary Plans, and 
Countywide and Regional 
Agency Integrated Waste 
Management Plans 806.126 

Annual Report 

Regulations 806.131 

Adjustment Method for 
Calculating Changes in 
Waste Generation Tonnage 



806.135 
806.137 



Disposal Reporting System 

Adjustment Method for 

Calculating Changes in 

Waste Generation 

Tonnage 806.l38(y) 

Solid Waste Cleanup Program .... 806.298 
Authority 806.298 



Page xviii 



(7-25-2008) 



Title 14 



Natural Resources 
Page 

Definitions 806.298 Chapter 3. 

Site Selection and Ranking 

Criteria 806.299 

Loans to Local 

Governments 806.299 Division 10. 

Grants to Public Entities to 

Abate Illegal Disposal 

Sites 806.301 Chapter 1. 

Matching Grants to Public 

Entities 806.302 

Board Managed 

Remediations 806.303 

Environmental Affairs Agency ... 807 Division 11. 

Final Application Procedures: 

Local Government Coastal Chanter 1 

Management Improvement 

Program 807 

Permit Reform Act Appeals to the Division 1 3. 

Secretary of Environmental Chanter 1 

Affairs 814 

^ . . , Chapter 2. 

Voluntary Registration or 

Environmental Assessors 815 

Delta Protection Commission . . . . 817 

Commission Hearing Procedures 817 

Delta Protection Commission Division 14 

Regulations for CEQA Compliance 

(PRC § 21080.5) 818 Chapter 1. 



Title Table of Contents 

Page 

Regulations Governing Land Use 
and Resource Management in the 
Primary Zone of the Sacramento- 
San Joaquin Delta 819 

San Joaquin River 

Conservancy 821 

Selection Process for Private 
Architectural, Landscape 
Architectural, Engineering, 
Environmental, Land Surveying 
and Construction Project 
Management Firms 821 

Coachella Valley Mountains 
Conservancy 823 

Coachella Valley Mountains 
Conservancy 823 

San Diego River Conservancy .... 825 

San Diego River Conservancy 825 

Selection Process for Private 
Architectural, Landscape 
Architectural, Engineering, 
Environmental, Land Surveying 
and Construction Project 
Management Firms 825 

Sierra Nevada Conservancy 827 

Sierra Nevada Conservancy 827 



Article 2. 
Article 3. 

Article 4. 

Article 5. 

Article 6. 
Article 7. 

Division 8. 

Chapter 1. 

Chapter 2. 

Chapter 3. 

Division 9. 

Chapter 1. 
Chapter 2. 



Page xix 



(7-25-2008) 



jm. 



Barclays Official 

California 

Code of 
Regulations 



Title 14. Natural Resources 

Division 3. Department of Parks and Recreation 



Vol. 19 



XHOIVISOIM 

^ 

\A/EST 



Barclays Official California Code of Regulations 

425 Market Street • Fourth Floor • San Francisco, CA 94105 
800-888-3600 



Title 14 



Department of Parks and Recreation 



Table of Contents 



Division 3. Department of Parks and Recreation 



Table of Contents 



Page 



Page 



Chapter 1. 



Chapter 2. 



§ 4300. 
§ 4301 . 
§ 4302. 
§ 4304. 
§ 4305. 
§ 4306. 
§ 4307. 
§ 4308. 
§ 4309. 
§4310. 
§4311. 
§4312. 
§ 4313. 
§4314. 
§4315. 
§ 4316. 
§4317. 
§4318. 
§4319. 
§ 4320. 
§4321. 
§ 4322. 
§ 4323. 
§ 4324. 
§ 4325. 
§ 4326. 



§ 4327. 
§ 4328. 
§ 4329. 
§ 4330. 
§4331. 
§ 4332. 
§ 4333. 



§ 4350. 
§4351. 

§ 4352. 

§ 4353. 
§ 4354. 
§ 4355. 
§ 4356. 
§ 4357. 
§ 4358. 
§ 4359. 
§ 4360. 

§4361. 



Chapter 3. 
Chapter 4. 



§4400. 



§4450. 

§4451. 
§4452. 
§4453. 
§4454. 



General 447 

Authority. 

Definitions. 

Use of Facilities, Payment. 

Aircraft. 

Animals. 

Plants and Driftwood. 

Geological Features. 

Archaeological Features. 

Special Permits. 

Litter. 

Fire in Stoves, Smoking. 

Control of Animals. 

Weapons and Traps. 

Fireworks. 

Grazing. 

Conmiercial Filming. 

Curfew. 

Peeping Toms. 

Games and Recreational Activities. 

Peace and Quiet. 

Assembly. 

Nudity. 

Equipment and Occupancy. 

Sanitation. 

Prohibited Area. 

Violation of Posted Orders or 

Special Use, Special Event, Film or 

Collection Permit. 

Use Periods. 

Alcoholic Beverages. 

Smoking. 

Pesticides. 

Soliciting. 

Preparation of General Plan. 

Glass Containers. 

Vehicles, Boats, Aircraft, 

Horses, and Operator Propelled 

Devices 452 

Reference to Vehicle Code. 

State Wilderness or Natural 

Preserve. 

Off-Highway Vehicles Hovercraft 

and Snowmobiles. 

Speed Limits. 

Dangerous Vehicle Operation. 

Vehicle Operation. 

Removal of Vehicles and Vessels. 

Vehicle Operators. 

Parking. 

Riding or Pack Animals. 

Bicycles, Operator Propelled 

Devices. 

Aircraft. 



Chapters. 



Chapter 6. 



Concessions 

Procedure, Concessions. 

Camping 

Sections Applicable Only to State 

Operated Units. 

Camping. 

Number Occupying Campsites. 

Camping Fees Due. 

Occupancy. 



453 



453 



Page 



§ 4455. 


Camping Time Limits. 


§ 4456. 


Vacating. 


§ 4457. 


One-Night Camping in Day Use 




Areas. 


§4458. 


Nighttime Closure. 


§4460. 


Parking for Overnight Camping in 




Designated Coastal Beach Parking 




Areas. 


§4461. 


Coastal Beach Overnight Parking 




Areas. 


§4462. 


Definitions. 


§4463. 


Annual Permit Fee and Inspection. 


§4464. 


Self-Contained Vehicle Camping. 




Hunting 45' 


§ 4500. 


Areas Open to Hunting, General 




Provisions. 


§4501. 


Hunting Authorized. 


§ 4502. 


Prohibition of Ttiking Game Not 




Regulated or Protected by Statute 




Where Hunting Is Permitted. 


§ 4503. 


Hunting. Auburn State Recreation 




Area. 


§ 4504. 


Hunting, San Luis Reservoir State 




Recreation Area. 


§ 4505. 


Hunting, Providence Mountains 




State Recreation Area. 


§ 4506. 


Hunting, Lake Oroville State 




Recreation Area. 


§ 4507. 


Hunting, Lake Perns State 




Recreation Area. 


§ 4508. 


Hunting, Harry A. Merio State 




Recreation Area. 


§ 4509. 


Hunting, Franks Tract State 




Recreation Area. 




Provisions Limited to Specific 




Units 45: 


§ 4600. 


Hearst San Simeon State Historical 




Monument. 


§4600.1. 


Tours. 


§ 4600.2. 


Handling Objects. 


§ 4600.3. 


Food and Beverages. 


§ 4600.4. 


Smoking. 


§ 4600.5. 


Dogs or Pets. 


§ 4600.6. 


Photographs and Cameras. 


§4601. 


Torrey Pines and Point Lobos State 




Reserves, and Penasquitos Marsh 




Natural Preserve. 


§4601.1. 


Torrey Pines State Reserve. 


§4601.2. 


Penasquitos Marsh Natural 




Preserve. 


§ 4602. 


Point Lobos State Reserve. 


§ 4603. 


Angel Island State Park. 


§ 4604. 


Carrizo Impact Area. 


§ 4605. 


Lake Elsinore State Recreation 




Area. 


§4605.1. 


Lake Elsinore State Recreation 




Area. 


§ 4605.2. 


Construction. 


§ 4605.3. 


Traffic Patterns. 


§ 4605.4. 


Ski Tow Rope. 


§ 4605.5. 


Towed Equipment. 


§ 4605.6. 


Sailboats. 


§ 4606. 


Lake Natoma. Folsom Lake State 




Recreation Area. 


§ 4607. 


Benbow Lake State Recreation 




Area. 




(10-5-2007) 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



Page 



Page 



§ 4608. Mt. San Jacinto State Wilderness. 

§ 4609. Pisnio Dunes State Vehicular 

Recreation Area. 

§4609.1. Vehicles. 

§ 4609.2. Drivers' Licenses. 

§ 4609.3. Drivers' Licenses, OIT-Highway 

Units. 

§ 4610. Drivers' Licenses, Off-Highway 

Units. 

§ 4610.1 . Units Open for Rockhounding. 

§ 4610.2. Conimercial Use. 

§4610.3. Maximum Take. 

§ 4610.4. Disturbing Land. 

§4610.5. Use of Tools. 

§4610.6. "Float" Materials. 

§ 4610.7. Areas for Swimming and Boating. 

§ 4610.8. Areas Limited for Collecting. 

§ 4610.9. Indian Artifacts. 

§4610.10. Panning for Gold. 

§4611. Rockhounding. 

§ 4612. Crystal Cove Historic District. 

§ 4613. California State Railroad Museum. 

§ 4613.1 . Carrying Capacity. 

§4613.2. Photography. 

§ 4613.3. Artifacts and Exhibits. 

§4613.4. Climbing. 

§4613.5. Food and Drink. 

§ 46 1 3 .6 . Dogs and Pets . 

Chapter 7. Aquatic and Boating 461 

§ 4650. Swimming. 

§ 4651 . Swimming Areas. 

§ 4652. Floating Devices. 

§4653. False Drowning Alarm. 

§ 4654. Surf-Riding. 

§ 4656. Diving. 

§ 4657. Launching Areas. 

§ 4658. Boat Speed Limits. 

§ 4659. Operating Boats During Nighttime. 

§ 4660. Vessels. 

§ 4661 . Disposal of Waste from Boats. 

§ 4662. Inspections. 

§ 4663. Erection of Tent. 

§ 4664. Underwater Activities. 

§ 4665. Power-Driven Vessel Operator. 

Chapter 8. Winter Sports 462 

§ 4700. Runaway Snow Skis. 

§ 4701. Designated Winter Sports Areas. 

Chapter 9. Selection Process for Private 

Architectural, Landscape 
Architectural, Engineering, 
Environmental, Land Surveying 
and Construction Project 

462.1 



§ 4755. 
§ 4756. 
§ 4757. 
§ 4758. 
§ 4759. 
§ 4760. 

Chapter 1 1 . 


State Wildernesses. 
State Beaches. 
Wayside Campgrounds. 
Underwater Parks. 
Natural Preserves. 
Cultural Preserves. 

Department of Parks and 
Recreation — Conflict of Interest 
Code 


Chapter 11.5. 


Cahfornia Register of 

Historical Resources 


§ 4850. 

§4850.1 

§4851. 


Authority. 

Purpose. 

Historical Resources Eligible for 



465 



465 



Listing in the California Register of 

Historical Resources. 
§ 4852. Types of Historical Resources and 

Criteria for Listing in the California 

Register of Historical Resources. 
§ 4853. Application Format. 

§ 4854. Application Procedures. 

§ 4855. State Historical Resources 

Commission's Public Hearing of a 

Nomination. 
§ 4856. Criteria and Procedures for Removal 

of an Historical Resource from the 

California Register of Historical 

Resources. 
§ 4857. Requests for Redetermination by the 

State Historical Resources 

Commission. 
§ 4858. Saving Clause. 

Appendix A A Glossary of Terms as Used in the 

California Register of Historical 

Resources 466.4 

Chapter 12. Land and Water Conservation 466.7 

§ 4900. Definitions. 

§ 4901. Authority. 

§4902. Allocation of Funds. 

§ 4903. Project Criteria. 

§ 4904. Priorities Among Eligible Projects. 

§ 4910. Application Format. 

§4911. Submission of Applications. 

§ 4920. Availability and Disbursement of 
Funds. 

Chapter 13. Roberti-Z'berg Urban Open Space 

and Recreation Program 467 



Chapter 10 



§ 4725. 


— -- o 

Definitions. 


§ 4726. 


Selection Criteria. 


§ 4727. 


Announcement of Project. 


§ 4728. 


Selection of Qualified Firms. 


§ 4729. 


Estimate of Value of Services. 


§ 4730. 


Statewide Participation Goals. 


§4731. 


Negotiation. 


§ 4732. 


Amendments. 


§ 4733. 


Contracting in Phases. 


§ 4734. 


Director's Power to Require Bids. 


§ 4735. 


Unlawful Considerations. 


§ 4736. 


Prohibited Relationships. 




Classification of Park Units 


§4751. 


State Parks. 


§ 4752. 


State Reserves. 


§ 4753. 


State Recreation Units. 


§ 4754. 


Historical Units. 



Chapter 14 



462.2 



Page 



§ 4930. 


Application; Form and Content. 


§ 4931. 


Resolution of Applicant's 




Governing Body. 


§ 4932. 


Certification by Legal Counsel. 


§ 4933. 


Compliance with CEQA. 


§ 4934. 


Reports to State. 


§ 4935. 


Matching with Goods and Services. 




California Exposition and State 




Fair (Cal-Expo) 468 


§ 4950. 


Definitions. 


§4951. 


Use of Facilifies, Payment. 


§ 4952. 


Litter. 


§ 4953. 


Fires. 


§ 4954. 


Dogs; Animals. 


§ 4955. 


Dangerous Weapons. 


§ 4956. 


Assembly. 


§ 4957. 


Closing. 


§ 4958. 


Alcoholic Beverages. 


§ 4959. 


Soliciting. 


§ 4960. 


Speed Limit. 


§ 4961. 


Vehicles — Operation, Stopping, 




Parking, Removal by Peace 




Officers. 




(10-5-2007) 



• 



Title 14 



Department of Parks and Recreation 



Table of Contents 



Chapter 15. 



Off-Highway Vehicle Grant 
Program Regulations 



Page 



469 



Page 



§ 4970.30. 
§4970.31. 



Article 1. 


General Provisions 469 


§ 4970. 


Application of Chapter 15. 


§ 4970.00. 


Definitions. 


§4970.01. 


Program Purpose. 


§ 4970.02. 


Commission's Annual Program 




Review Meeting. 


§ 4970.03. 


General Application Requirements. 


Article 2. 


Types of Projects and 




Specific Application and 




Content Requirements 470 


§ 4970.04. 


Acquisition Projects. 


§ 4970.05. 


Development Projects. 


§ 4970.06. 


Equipment Projects. 


§ 4970.07. 


Facilities Operation and 




Maintenance (FO&M) Projects. 


§ 4970.08. 


Law Enforcement Projects. 


§ 4970.09. 


OHV Safety or Education Program 




Projects. 


§4970.10. 


Planning Projects. 


§4970.11. 


Resource Management Projects. 


§4970.12. 


Restoration Projects. 


§4970.13. 


Studies And Scientific Research 




Projects. 


§4970.14. 


Trail Maintenance, Trail 




Conservation, and Trail Reroute 




Projects. 


Article 3. 


Environmental and Match 




Requirements 470.3 


§4970.15. 


CEQA Requirements. 


§4970.16. 


Wildlife Habitat Protection Program 




(WHPP) / Habitat Management 




Program (HMP). 


§4970.17. 


Soil Conservation Program. 


§4970.18. 


Match Requirements. 


Article 4. 


Application Evaluation 




System 470.5 


§4970.19. 


Application Evaluation System. 


§ 4970.20. 


Commission Allocation of Funds 



§ 4970.32. 



Chapter 15.5. 



Project Termination. 
Conservation and Enforcement 
Services Account. 
Evaluation Criteria. 

Off-Highway Motor Vehicle 
Recreation Grants and 
Cooperative Agreements Program 
Regulations 470.9 



Article 1. 


General Provisions 470.9 


§ 4970.49. 


Application of Chapter. 


§ 4970.50. 


Definitions. 


§4970.51. 


Program Purpose. 


§ 4970.52. 


Commission's Annual Program 




Review Meeting. 


§ 4970.53. 


General Application Requirements. 


Article 2. 


Types of Projects and 




Specific Application and 




Content Requirements 470.13 


§ 4970.54. 


Acquisition Projects. 


§ 4970.55. 


Conservation Projects. 


§ 4970.56. 


Development Projects. 


§ 4970.57. 


Facilities Operation and 




Maintenance (FO&M) Projects. 


§ 4970.58. 


Law Enforcement Projects. 


§ 4970.59. 


Off-Highway Vehicle (OHV) Safety 




and/or Education Program Projects. 


§ 4970.60. 


Planning Projects. 


§ 4970.61 . 


Restoration Projects. 


§ 4970.62. 


Trail Maintenance Projects. 


Article 3. 


Environmental and Match 




Requirements 470.15 


§ 4970.63. 


California Environmental Quality 




Act (CEQA) Requirements. 


§ 4970.64. 


Wildlife Habitat Protection Program 




(WHPP) / Habitat Management 




Program (HMP). 


§ 4970.65. 


Soil Conservation Program. 


§ 4970.66. 


Match Requirements. 



Article 5. 



§4970.21. 



§ 4970.22. 

§ 4970.23. 
§ 4970.24. 
§ 4970.25. 
§ 4970.26. 
§ 4970.27. 

§ 4970.28. 
§ 4970.29. 



and Approval of Grants and 
Cooperative Agreements Program 
Applications. 

Accounting, Annual Audits 
and Performance Reviews, 
and Site Visits 470.5 

Accounting, Annual Audits and 

Performance Reviews, and Site 

Visits. 

Operation and Maintenance of 

OHV -Funded Facilities. 

Use of OHV-Funded Facilities. 

Project Agreement. 

Amendment to Project Agreement. 

Re-Scope of Project Agreement. 

Annual Application Review 

Meetings. 

Application Guide - General. 

Accounting, Audits, and Annual 

Performance Review - General. 



Article 4. 



§ 4970.67. 
§ 4970.68. 



Article 5. 



Application Evaluation and 

Approval of Project 

Agreements 470.17 

Application Evaluation System. 

Commission Approval of Grants 

and Cooperative Agreements 

Program Applications. 

Project Administration 
Procedures 



470.18 



Chapter 16. 

Article 1. 

§4971. 



§ 4970.69. Project Agreements. 

§ 4970.70. Project Administration. 

§4970.71. Performance Reviews. 

§ 4970.72. Audits. 

Relocation Assistance 470.19 

General Provision 470.19 

Department of Parks and Recreation 
Relocation Assistance. 



Page iii 



(10-5-2007) 



Title 14 



Department of Parks and Recreation 



§4301 



Division 3. 



Department of Parks and 
Recreation 



• 



Chapter 1 . General 

§ 4300. Authority. 

All sections of Chapters 1 through 8 are adopted pursuant to Sections 
5001.5, 5003 and 5008 of the Public Resources Code and apply to all 
units under control of the Department of Parks and Recreation unless 
otherwise indicated. 

(a) When it is necessary to refer to one or more units under control of 
the Department of Parks and Recreation by terms other than their classifi- 
cation, the terms "unit of the State Park System," "unit of the State Vehic- 
ular Recreation Area and Trail System," or simply "unit" will be used. 

(b) A title, where used, does not limit the language of a section. 

(c) These sections are severally adopted. If one or more of these sec- 
tions is deemed invalid, the remaining sections are intended to remain in 
effect. Where a section herein or rule is amended or repealed, acts and 
omissions prior thereto may be prosecuted as though such section or rule 
had not been so amended or repealed. 

(d) Special regulations for an area or a subject do not preclude the 
application of general regulations unless expressly so indicated. 

(e) The privilege of any person to be present in any unit under control 
of the Department of Parks and Recreation is hereby expressly condi- 
tioned upon compliance by that person with all applicable laws and regu- 
lations. In addition to other penalties prescribed by law, violation of any 
law or regulation shall subject the violator to ejection from the unit in 
which the violation occurs. 

(f) This provision shall be enforced by peace officers having concur- 
rent jurisdcti on in any unit in which a violation of regulations may take 
place. 

(g) Nothing contained herein shall be construed to authorize or prohib- 
it any act or acts which are expressly authorized or prohibited by statute 
of the State of California or by ordinance of a governmental subdivision 
thereof with concurrent jurisdiction over a unit or units controlled by the 
Department of Parks and Recreation. 

NOTE: Authority cited: Sections 5000.5 and 5003, Public Resources Code. Refer- 
ence: Section 5008, Public Resources Code. 

History 

1 . Repealer of Chapters 1 and 2 (Sections 4300 through 4920) and new Chapters 
] through 12 (Sections 4300 through 4920) filed 4-7-71; effective thirtieth day 
thereafter. For history of former sections, see Register 68, Nos. 14, 27; 69, Nos. 
6, 27, 43, 50; 70, Nos. 13, 20, 35. 

2. Repealer of Chapters 1-9 (Sections 4300-4702, not consecutive) and new 
Chapters 1-8 (Sections 4300-4701, not consecutive) filed 1-6-77; effecfive 
thirtieth day thereafter (Register 77, No. 2). For former history, see Registers 68, 

Nos. 14, 27; 69, Nos. 6, 27, 43, 50; 70, Nos. 13, 20, 35; 71, Nos. 15, 49; 72, Nos. 
4, 11, 21, 50; 73, Nos. 5, 26, 30, 47; 74, Nos. 25, 38; 75, Nos. 3, 33. 

3. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86. No. 

5). 

4. Change without regulatory effect amending first paragraph and adding subsec- 
tion (a)-(g) designators filed 6-1 8-96 pursuant to section 1 00, title 1 , California 
Code of Regulations (Register 96, No. 25). 

§4301. Definitions. 

(a) "Department," as used herein, means the State Department of Parks 
and Recreation, having a headquarters in Sacramento, California. 

(b) "Director," as used herein, means Director of Parks and Recre- 
ation. 

(c) "Deputy Director of Off-Highway Motor Vehicles," means the 
person in charge of Division of Off-Highway Motor Vehicle Recreation. 

(d) Division Chief means the person in charge of an administrative 
area or division consisting of units and districts, under control of the De- 
partment of Parks and Recreation. 



(e) "District Superintendent" means the person in charge of an admin- 
istrative district consisting of one or more units under control of the De- 
partment of Parks and Recreation. 

(f) "Person," as used herein, shall be construed to mean and include 
natural persons, firms, copartnerships, corporations, clubs, and all asso- 
ciations or combinations of persons whenever acting for themselves or 
by an agent, servant, or employee. 

(g) "Nighttime," is any time from one-half hour after sunset to one- 
half hour before sunrise. 

(h) "Water-ski" means any aquaplane, water-ski, or any other device 
used, or which may be used, for carrying persons or property while being 
towed behind a boat. 

(i) Posting of Notices. The term "posted" as used herein, unless other- 
wise indicated, shall mean and require that the Department shall set aside 
at the district headquarters and at the unit affected and in a location con- 
venient to the general public, a bulletin board or similar device upon 
which shall be posted all special instructions, orders, pertaining to units 
of the district including but not limited to special hours of operation, 
swimming and boating restrictions, hunting and camping restrictions, 
and special instructions pertaining to areas where activities are curtailed 
or restricted. Proof of posting shall be filed in the offices of the division 
chiefs or the Sacramento California Office of the Division of Off-High- 
way Motor Vehicle Recreation. 

(j) Special Events. Special Events are activities which are beyond the 
normal scope of activities and operations conducted in units under con- 
trol of the Department of Parks and Recreation. Consistent with existing 
state policies and laws, District Superintendents may approve by permit 
a Special Event when it is found to be in the best interest of the Depart- 
ment of Parks and Recreation and is conducted by an appropriate sponsor 
at no net expense to the state. Special Event permits are required when 
fees are charged by the event sponsor beyond the regular State Park Facil- 
ity Use Fees, when the Department has determined the event will create 
a greater potential hazard or liability to the Stale than incurred through 
typical operations, when the activity includes the exclusive use of an area 
within the park, when the activity interferes significantly with the pub- 
lic's use of an area, when additional staffing or staff time is required, or 
where items or services are sold. Special Event permits are required for 
any activity within the State Park System which meet any of these crite- 
ria, and which occur wholly or partially within or on any property owned, 
operated, or administered by the Department. Upon a finding by the Dis- 
trict Superintendent that a special event is consistent with the unit's use, 
he/she may issue a Special Event permit for such use. The terms and con- 
ditions of such permit shall prevail where inconsistent with the rules 
herein when approved by the Division Chief, Chief of Off Highway Mo- 
tor Vehicle Recreation Division or the District Superintendent. 

(k) Juveniles. The term juvenile as used herein shall be construed to 
mean any person under the age of 1 8 years. 

(/) "Aircraft" means any powered, unpowered, or towed device that is 
used or intended to be used to carry a person or persons in the air. 

(m) Beach. Unless the context otherwise requires, the use of the word 
"beach" herein means that portion of a unit under control of the Depart- 
ment of Parks and Recreation between the edge of a body of water, ex- 
tending inland, to whichever comes first: a fence, a distinctive berm or 
cliff, a line of vegetation, or an officially erected sign specifically desig- 
nating the boundaries of the beach. 

(n) Road. A road is that portion of a unit improved, designed, ordinari- 
ly used, or designated for vehicular travel, including vehicular trails 
witliin State Vehicular Recreation Area and Trail System. 

(o) Designate. Designate means to indicate, specify, or make recogniz- 
able by some mark, sign, or name. 

(p) Animals. An animal is any animate being which is endowed with 
the power of voluntary motion; animate being, not human. 

(q) Placing of Road Signs. The term "Placing of Road Signs," as used 
herein, means the placing of signs regulating the operation of motor ve- 
hicles, including, but not limited to, stop signs, yield signs, and speed lim- 



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it signs, which is done in accordance with those instructions contained 
in section 21401 of the California Vehicle Code. 

(r) Placing of Vehicle Recreation Trail Signs. The term 'Tlacing of 
Vehicle Recreation Trail Signs," as used herein, means the placing of 
signs regulating the operation of motor vehicles within the State Vehicu- 
lar Recreation Area and Trail System which is done in accordance with 
section 38280 of the California Vehicle Code. 

(s) Facility. Facility means any structure or combination of structures, 
or any feature or entity modified by humans for human use. 

(t) Unit. Unit means any named and classified unit under control of the 
Department of Parks and Recreation, as well as any Department projects 
which have not yet been named or classified. 

(u) Camping is defined as: 

1 ) erecting a tent or shelter or arranging bedding, or both, for purposes 
of, or in such a way as will permit, remaining overnight. 

2) Use of houseboats or boats for the purpose of sleeping during the 
nighttime hours, whether anchored, moored or beached. 

3) Use of any parked or standing vehicle for the purpose of sleeping 
during nighttime hours. 

(v) Rockhounding is defined as being the recreational gathering of 
stones and minerals found occurring naturally on the undisturbed surface 
of the land, including panning for gold in the natural water-washed grav- 
el of streams. 

(w) Float Material is defined as materials only occurring naturally on 
the surface of the land. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
tions 21401 and 38280, Vehicle Code. 

History 

1. New subsections (q) and (r) filed 5-25-79; effective thirtieth day thereafter 
(Register79, No. 21). 

2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

3. Amendment of subsection (j) filed 6-5-91; operative 7-5-91 (Register91, No. 

35). 

4. Change without regulatory effect amending subsections (d), (i) and (j) and add- 
ing subsections (u)-(w) filed 6-1 8-96 pursuant to section 100, title 1 , Califomia 
Code of Regulations (Register 96, No. 25). 

§ 4302. Use of Facilities, Payment. 

No person shall use or be present in any portion of a unit under control 
of the Department of Parks and Recreation for which a use fee has been 
established by the Department, without paying such fee, with the excep- 
tion of units which require payment of fees upon exit. This shall not apply 
to state officers and employees on official business nor to persons ex- 
cepted by the Department for administrative reasons. 
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5010, Pubhc Resources Code. 

History 

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 
21). 

2. Amendment filed 1-28-86; effective thirtieth dav thereafter (Register 86, No. 
5). 

3. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35). 

§ 4304. Aircraft. 

No person, using any aircraft, shall land, taxi on or take off from any 
body of water or from any portion of any unit if not specifically approved 
by the Department and the unit has been designated for landing of air- 
craft. No person shall parachute into, fly an unlicensed aircraft, ultralight 
vehicle, or hang glider over, or parasail or balloon over any State Park 
unit at an altitude of less than 500 feet unless authorized by the Depart- 
ment by posted order in accordance with section 4301 (i). 
Note. Authority cited: Section 5003, Public Resources Code. Reference: Section 
5001.7, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35). 



3. Change without regulatory effect amending section filed 6-18-96 pursuant to 
section 100, title 1, Califomia Code of Regulations (Register 96, No. 25). 

§ 4305. Animals. 

(a) Protection. No person shall molest, hunt, disturb, harm, feed, 
touch, tease, or spotlight any kind of animal or fish or so attempt. 

(b) No person shall injure, trap, take, net, poison, or kill, any kind of 
animal or fish, or so attempt, except that fish and bait may be taken, other 
than for commercial purposes in accordance with state laws and regula- 
tions. 

(c) Where hunting in a state recreation area or within the State Vehicu- 
lar Recreation Area and Trail System or portion thereof is permitted by 
regulations herein, so much of this section as is inconsistent therewith 
shall be deemed inapplicable, provided hunting is conducted in the man- 
ner specified. 

(d) This section does not apply to activities undertaken by the Depart- 
ment in conjunction with its resource management activities. 

(e) Feeding. In units or portions thereof where posted in accordance 
with Section 4301 (i), no person shall feed any wildlife or feral animal 
listed on such posting. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
tions 5003.1 and 5019.56, Public Resources Code. 

History 

1. Amendment filed 12^-86; effective thirtieth day thereafter (Register 86. No. 

49). 

2. Amendment of section filed 8-29-91 as an emergency; operative 8-29-91 
(Register 91, No. 51). A Certificate ofCompliance must be transmitted to OAL 
12-27-91 or emergency language will be repealed by operation of law on the 
following day. 

3. Repealed by operation of law and new section filed 2-5-92; operative 2-5-92 
(Register 92, No. 12). 

4. Change without regulatory effect amending subsection (a), adding subsection 
(b) designator to and amending second paragraph, repeahng third paragraph, 
adding subsection (c) and (d) designators to former fourth and fifth paragraphs 
and subsection relettering filed 6-18-96 pursuant to section 100, title 1, Califor- 
nia Code of Regulations (Register 96, No. 25). 

§ 4306. Plants and Driftwood. 

(a) No person shall willfully or negligently pick, dig up, cut, mutilate, 
destroy, injure, disturb, move, molest, bum, or carry away any tree or 
plant or portion thereof, including but not limited to leaf mold, flowers, 
foliage, berries, fruit, grass, turf, humus, shrubs, cones, and dead wood, 
except in specific units when authorization by the Department to take 
berries, or gather mushrooms, or gather pine cones, or collect driftwood 
is posted at the headquarters of the unit to which the authorization ap- 
plies. Any collecting allowed by authority of this section may be done for 
personal use only and not for commercial purposes. 

(b) No person may gather more than five pounds of such material ex- 
cept driftwood each day in the State Park System or State Vehicular Rec- 
reation Area and Trail System. 

(c) No person may gather more than 50 pounds or one piece of drift- 
wood each day in the State Park System or State Vehicular Recreation 
and Trails System. 

(d) Use of tools, vehicles, and equipment for the collecting of drift- 
wood is prohibited. 

(e) Upon a finding that it will be in the best interest of the Department 
of Parks and Recreation, the District Superintendent may, by posting, au- 
thorize the collection of driftwood from specified units on a temporary 
basis, either by the general public or by commercial operators, if neces- 
sary, in quantities, for purposes, and by means other than as specified by 
this section. 

(f) This section does not apply to activities undertaken by the Depart- 
ment in conjunction with its resource management activities. 

NOTE: Authority cited: Secfion 5003, Public Resources Code. Reference: Sec- 
tions 5001.65 and 5007.1, Public Resources Code. 

History 

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 
21). 

2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 



• 



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Title 14 



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§4313 



3. Amendnieni filed 6-5-91; operative 7-5-91 (Register 91, No. 35). 

4. Change without regulatoi7 effect adding subsection (a)-(O designators filed 
6-1 8-96 pursuant to section 100, title 1 , California Code of Regulations (Regis- 
ter 96, No. 25). 

§ 4307. Geological Features. 

(a) No person shall destroy, disturb, mutilate, or remove earth, sand, 
gravel, oil, minerals, rocks, paleontological features, or features of caves. 

(b) Rockhounding may be permitted as defined in Section 4301 (v). 
NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect adding subsection (a) and (b) designators and 
amending section filed 6-1 8-96 pursuant to section 1 00. title 1 , California Code 
of Regulations (Register 96, No. 25). 

§ 4308. Archaeological Features. 

No person shall remove, injure, disfigure, deface, or destroy any ob- 
ject of archaeological, or historical interest or value. 
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

HfSTORY 
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

§ 4309. Special Permits. 

The Department may grant a permit to remove, treat, disturb, or de- 
stroy plants or animals or geological, historical, archaeological or pale- 
ontological materials; and any person who has been properly granted 
such a permit shall to that extent not be liable for prosecution for violation 
of the foregoing. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
tions 5001.65 and 5008, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect amending section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§4310. Litter. 

No person shall leave, deposit, drop, or scatter bottles, broken glass, 
ashes, waste paper, cans, or other litter in a unit except in a receptacle des- 
ignated for that purpose, and no person shall import any litter, or import 
and deposit any litter into or in any unit from other places. 
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008.7, Public Resources Code. 

History 
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

§ 431 1 . Fire in Stoves, Smoking. 

No person shall 

(a) light, build, use, or maintain a fire within a unit except in a camp 
stove or a fireplace provided, maintained, or designated by the Depart- 
ment for such purpose. Portable camp stoves may be used in portions of 
units approved by the Department. 

(b) Fires shall at all times be maintained in a safe condition that does 
not threaten any person, natural or structural feature. 

(c) Upon a finding of extreme fire hazard by the Department no person 
shall smoke or build fires in portions of units other than those designated 
by the Department for such purposes. 

(d) This section does not apply to fire fighters or Department em- 
ployees carrying out fire suppression or resource management activities 
approved by the Department. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 



2. Amendment filed 6-5-91 ; operative 7-5-91 (Register 91, No. 35). 

3. Change without regulatory effect adding subsection (a)-(d) designators and 
amending subsections (a) and (b) filed 6-1 8-96 pursuant to section 1 00, title 1 , 
California Code of Regulations (Register 96, No. 25). 

§ 4312. Control of Animals. 

(a) No person shall permit a dog to run loose, or turn loose any animal 
in any portion of a unit, except upon written authorization by the District 
Superintendent. 

(b) No person shall keep an animal in any unit except under his/her im- 
mediate control. 

(c) No person shall keep a noisy, vicious, or dangerous dog or animal 
or one which is disturbing to other persons, in any unit and remain therein 
after he/she has been asked by a peace officer to leave. 

(d) No person shall permit a dog or a cat to remain outside a tent, camp- 
er, or enclosed vehicle during the night. 

(e) No person shall bring a dog into, permit a dog to enter or remain, 
or possess a dog in units under control of Department of Parks and Recre- 
ation unless the dog is on leash of no inore than six feet in length and un- 
der the immediate control of a person or confined in a vehicle. 

(f) No person shall bring a dog into, permit a dog to enter or remain, 
or possess a dog: 

1) beyond the limits of campgrounds, picnic areas, parking areas, 
roads, structures or in posted portions of units except as provided else- 
where in this section. 

2) on any beach adjacent to any body of water in any unit except in por- 
tions of units designated for dogs. 

(g) In state recreation areas open to hunting pursuant to Public Re- 
sources Code, Secuon 5003.1, dogs may be used to assist in hunting. 
Such dogs shall not be permitted to pursue or take any wildlife other than 
that being hunted. 

(h) SubsecUons e) and f) shall not apply to trained "seeing eye," "sig- 
nal," or "service" dogs used to guide a physically impaired person there 
present, or dogs that are being trained to become "seeing eye," "signal," 
or "service" dogs. 

(g) Grazing. No person shall graze, herd or permit livestock to enter 
or i-emain inside a unit without specific written authorization of the De- 
partment, except for grazing by animals used for riding or packing under 
direct control of visitors or concessionaires. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
tions 5003.1 and 508, Public Resources Code. 

History 

1. Amendment of subsection (c) filed 5-25-79; effective thirtieth day thereafter 
(Register 79, No. 21). 

2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

3. Change without regulatory effect amending section heading and section filed 
6-18-96 pursuant to section 100, title 1 , California Code of Regulations (Regis- 
ter 96, No. 25). 

§4313. Weapons andlraps. 

(a) No person shall carry, possess or discharge across, in or into any 
portion of any unit any weapon, firearm, spear, bow and arrow, trap, net, 
or device capable of injuring, or killing any person or animal, or captur- 
ing any animal, or damaging any public or private property, except in un- 
derwater parks or designated archery ranges where the Department of 
Parks and Recreafion finds that it is in its best interests. 

(b) Nothing herein contained shall be construed in derogation of the 
use of weapons permitted by law or regulauon and to be used for hunting 
in any unit, or porfion thereof, open to hunting. 

(c) Firearms not having a cartridge in any portion of the mechanism, 
other unloaded weapons or devices such as traps, nets, and bows and ar- 
rows may be possessed within temporary lodging or mechanical mode 
of conveyance when such implements are rendered temporarily inoper- 
able or are packed, cased, or stored in a manner that will prevent their 
ready use. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
tions 5003.1 and 5008, Public Resources Code. 



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History 

1 . Amendment filed 1-28-86: effective thirtieth day thereafter (Resister 86, No. 
5). 

2. Change without regulatory effect adding subsection (a)-(c) designators and 
amending newly designated subsections (a) and (c) filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§4314. Fireworks. 

(a) No person shall possess, discharge, set off, or cause to be dis- 
charged, in or into any portion of a unit any firecrackers, torpedoes, rock- 
ets, fireworks, explosives, or substances harmful to the life or safety of 
persons. 

(b) The Department may grant exceptions to this section for specified 
locations and periods of time upon finding that such activity will not en- 
danger persons, property, or resources. 

(c) This section does not apply to explosives lawfully possessed or 

used under the direction of the Department. 

NOTE; Authority cited: Secfion 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1 . Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 
21). 

2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

3. Change without regulatory effect adding subsection (a)-(c) designators filed 
6-1 8-96 pursuant to section 100, title 1 , California Code of Regulations (Regis- 
ter 96, No. 25). 

§4315. Grazing. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
tions 5001.65 and 5008, Public Resources Code. 

History 

1 . New section filed 5-26-79: effective thirtieth day thereafter (Register 79, No. 
21). 

2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

3. Change without regulatory effect repealing section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§4316. Commercial Filming. 

Except where authorized by the Department, no person shall photo- 
graph, videotape or film for commercial (profit and sale) purposes in any 
unit, or portion thereof, owned, operated or administered by the Depart- 
ment without a permit from the California Film Commission, pursuant 
to Government Code section 14998.8. 

NotE: Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
fions 5003 and 5008, Public Resources Code. 

History 
1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35). 

§4317. Curfew. 

(a) The Department may from time to time by order declare curfew for 
juveniles in any unit or portion thereof upon a finding that conditions 
therein are such as to warrant special measures for the protection of juve- 
niles and others and for the safety and welfare of the general public. 

(b) Such curfew order shall specify the hours thereof and the period 
therefor and shall be posted. 

(c) When curfew has been so ordered, no juvenile so prohibited shall 
during the effective period enter or remain therein, except as follows: 

(1) One who is accompanied by a parent or guardian. 

(2) One who is part of a group permitted to occupy a unit or portion 
thereof and who is supervised by at least one responsible adult for each 
fifteen juveniles. 

(3) One who is lawfully camping, having furnished to the Department 
written consent of and the full name, residence number, and telephone 
number of the juvenile's parent or guardian, with the inclusive dates for 
which permission is granted to camp at the unit involved. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 



§ 431 8. Peeping Toms. 

No person shall loiter, prowl or wander about a park restroom, shower 
or changing facility and peek into the doors and windows or other open- 
ings of such facihties when occupied, without visible or lawful business 
with the occupants thereof. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
lions 5003 and 5008, Public Resources Code. 

History 
1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35). 

§ 4319. Games and Recreational Activities. 

No person shall engage in games or recreational activities that endan- 
ger the safety of persons, property, resources, or interfere with visitor ac- 
tivities except as permitted by the Department. No person shall hold, 
sponsor, lead, or otherwise have control over a game or recreational ac- 
tivity occurring wholly or partially within or on any property owned, op- 
erated or administered by the Department without an approved Special 
Event permit if any of the criteria set forth in section 4301 (j) apply. 
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35). 

§ 4320. Peace and Quiet. 

To insure peace and adequate rest for visitors: 

(a) No person shall disturb others in sleeping quarters or in camp- 
grounds between the hours of 10 p.m. and 6 a.m. daily. 

(b) No person shall, at any time, use outside machinery or electronic 
equipment including electrical speakers, radios, phonographs, televi- 
sions, or other devices, at a volume which is, or is likely to be, disturbing 
to others without specific permission of the Department. 

(c) No person shall operate an engine driven electric generator which 
emits sound which is, or is likely to be, disturbing to others between the 
hours of 8 p.m. and 10 a.m. without permission of the Department. 
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1 . Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 
21). 

2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

3. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35). 

§4321. Assembly. 

No person shall conduct or attend an assembly or public demonstra- 
tion except by permission of the Department upon a finding that such ac- 
tivity would not substantially interfere with park use. 
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 
1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

§ 4322. Nudity. 

No person shall appear nude while in any unit except in authorized 
areas set aside for that purpose by the Department. The word nude as used 
herein means unclothed or in such a state of undress as to expose any part 
or portion of the pubic or anal region or genitalia of any person or any 
portion of the breast at or below the areola thereof of any female person. 
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

§ 4323. Equipment and Occupancy. 

(a) Arrangement and Numbers. The Department may specify the size, 
type, arrangement and use of recreational equipment and the number of 
persons permitted in any unit or portion thereof. No person shall other- 
wise introduce, keep, use, or arrange his/her equipment. No person shall 
otherwise exceed established occupancy limitations. 



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§4331 



(b) Food Storage. In units or portions thereof where posted in accor- 
dance with Section 430 1 (i), no person shall store food, lawfully taken 
fish or wildlife, garbage or equipment with food residue, other than in the 
sealed compartment of a vehicle incapable of being opened by wild ani- 
mals, in a food storage unit designated by the Department, in accordance 
with posted instructions, or, in areas where bears are a problem, sus- 
pended at least ten (10) feet above any material that would support the 
weight of a bear and separated horizontally by at least four (4) feet from 
any post, tree trunk or other object. This restriction does not apply to food 
that is actively being carried, consumed or prepared for human consump- 
tion or pets. 

(c) No person shall erect, maintain, use, or occupy any temporary tent 
or shelter on any beach unless there is an unobstructed view through such 
tent or shelter from at least two sides, provided, however, that nothing 
herein contained shall be construed to authorize camping except as pro- 
vided in Section 445 1 hereof. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Amendment of section filed 8-29-91 as an emergency; operative 8-29-91 
(Register 91, No. 5 1). A Certificate of Compliance must be transmitted to OAL 
12-27-91 or emergency language will be repealed by operation of law on the 
following day. 

3. Repealed by operation of law and new section filed 2-5-92; operative 2-5-92 
(Register 92, No. 12). 

4. Change without regulatory effect renumbering former section 4663 to new sub- 
section 4323(c) filed 6-18-96 pursuant to section 100, title 1, California Code 
of Regulations (Register 96, No. 25). 

§ 4324. Sanitation. 

(a) No person shall deposit waste, water, sewage or effluent from 
sinks, portable toilets, and other plumbing fixtures directly upon or into 
the surface of the ground or water. 

(b) No person shall deposit any body waste in or any portion of any 
comfort station or other structure except into fixtures provided for that 
purpose. 

(c) No person shall place any bottle, can, cloth, rag, metal, wood, pa- 
per, or stone substances in any plumbing fixture in such a manner as 
would interfere with the normal operation of such fixture. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 
21). 

2. Repealer and new section filed 1-28-86; effective thirtieth day thereafter (Reg- 
ister 86, No. 5). 

3. Change without regulatory effect repealing subsections (d)-(e) filed 6-1 8-96 
pursuant to section 100, title 1 , California Code of Regulations (Register 96, No. 

25). 

§ 4325. Prohibited Area. 

NOTE: Authority cited: Secdon 5003, Pubhc Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 
21). 

2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

3. Change without regulatory effect repealing section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4326. Violation of Posted Orders or Special Use, Special 
Event, Film or Collection Permit. 

No person shall 

(a) violate any provision of an order posted pursuant to the provisions 
of section 4301 (i) hereof including, but not limited to, prohibited areas, 
use periods, no alcoholic beverage areas, no smoking areas and no park- 
ing areas, where posted in accordance with 4301 (q), or, 



(b) violate any provision or restriction of a Special Use, Special Event, 
Film or Collection permit issued pursuant to these regulations. 
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1 . New NOTE filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Amendment filed 6-5-91 ; operative 7-5-91 (Register 91, No. 35). 

3. Change without regulatory effect amending section filed 6-18-96 pursuant lo 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4327. Use Periods. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

HtSTORY 

1 . Amendment filed 1-28-86: effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect repealing secfion filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4328. Alcoholic Beverages. 

NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35). 

3. Change without regulatoi^y effect repealing secfion filed 6-18-96 pursuant to 
section 100, title 1, Cahfomia Code of Regulations (Register 96, No. 25). 

§ 4329. Smoking. 

NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect repealing secfion filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4330. Pesticides. 

(a) No person shall disperse or otherwise apply any pesticide within 
any unit or portion thereof, whether to the air, water, ground, or vegeta- 
tion, unless prior written approval has been obtained from the Depart- 
ment. 

(b) Exception is made in the instance of dispersal within enclosed 
buildings, tents, tent trailers, or within any vehicle or boat containing liv- 
ing or sleeping quarters, or the use outdoors within ten (10) feet of the 
table, stove, tent or food lockers, of hand-held finger-operated aerosol 
dispensers or hand-operated plunger-type dispensers with net contents 
not to exceed twenty (20) ounces and containing any of the following 
pesticides: Pyrethrine, AUethrin, Piperonyl butoxide, Malathion, DDVP 
(Dichlorves Vapona), Dibrom, Rotenone (Derrin, Cube Root). 

NotE: Authority cited: Secdon 5003, Public Resources Code. Reference: Secdon 
5008, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effecdve thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect adding subsection (a) and (b) designators and 
repealing last paragraph filed 6-18-96 pursuant to secdon 100, tide 1, Califor- 
nia Code of Regulations (Register 96, No. 25). 

§4331. Soliciting. 

No person shall solicit, sell, hawk, or peddle any goods, wares, mer- 
chandise, services, liquids, or edibles for human consumption or distrib- 
ute circulars in any unit, except as permitted by the Department. Such 
prohibition shall include sales activities that utilize park property or faci- 
lities to complete the terms of sale or provide a service as a result of the 
sale or that effect park operations, facility use or visitor safety. Also in- 
cluded are sales activities which encroach on the sales rights of a vendor 
authorized to sell such products, or services pursuant to a concession con- 
tract with the Department. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Fresno 
Superior Court No. 348560-6; Sections 5001.65, 5008(a), 5019.10 and 5019.53, 
Public Resources Code. 



Page 451 



Register 96, No. 25; 6-21-96 



§4332 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



History 

1. Amendment filed 6-17-83 as an emergency; designated effective 6-30-83 
(Register 83, No. 28). A Certificate of Compliance must be transmitted to OAL 
within 120 days or emergency language will be repealed on 10-28-83. 

2. Editorial conection filed 7-7-83 (Register 83, No. 28). 

3. Reinstatement of section as it existed prior to emergency amendment filed 
6-17-83 by operation of Government Code section 11346.1(f) (Register 84, 
No. 49). 

4. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

5. Amendment filed 6-5-91 ; operative 7-5-91 (Register 91, No. 35). 

§ 4332. Preparation of General Plan. 

After classification or reclassification of a unit, the Department shall 
obtain public comment and prepare a general plan. The general plan shall 
consist of a resource element, a land use element, a facilities element, and 
an operations element. In order that it shall act as a guide and constraint, 
the resource element will be prepared, made available for public com- 
ment, and approved by the Director before substantial work is done on 
the other elements of the plan. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5002.2, Public Resources Code. 

History 

1. New section filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 
21). 

2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

§ 4333. Glass Containers. 

No person shall possess or use a glass container, bottle, jar, tumbler, 
or vessel of whatever nature, empty or not, where prohibited by order of 
the Department, except that persons may pick up glass containers left or 
discarded by others and remove or deposit same in an approved trash re- 
ceptacle. Signs shall be posted at beaches and locations where glass con- 
tainers are prohibited. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
tions 5008 and 5008.7, Public Resources Code. 

History 

1. New section filed 12-4-86; effective thirtieth day thereafter (Register 86, No. 
49). 



Chapter 2. Vehicles, Boats, Aircraft, 
Horses, and Operator Propelled Devices 

§ 4350. Reference to Vehicle Code. 

The provisions of the Vehicle Code relating to traffic upon highways 
shall be apphcable to Departmental units except as provided by Depart- 
mental regulations in Title 14 herein, and such regulations contain the 
special conditions referred to in Section 211 13 of the Vehicle Code. 
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
21113, Vehicle Code. 

History 
1. Amendment filed 1-28-86; effecuve thirtieth day thereafter (Register 86, No. 

5). 

§ 4351 . State Wilderness or Natural Preserve. 

No person shall drive, operate, leave, place, land, taxi, takeoff or stop 
a motor vehicle, motorboat or aircraft within the boundaries of a state wil- 
derness or natural preserve. 

NOTE: Authority cited: Secfion 5003, Public Resources Code. Reference: Section 
5001 .8, Public Resources Code. 

History 
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

§ 4352. Off-Highway Vehicles Hovercraft and 
Snowmobiles. 

No person shall operate an off-highway vehicle, hovercraft or snow- 
mobile except in designated units or portions thereof. 



NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5001 .8, Public Resources Code and Section 23 128, Vehicle Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Amendment filed 6-5-91 ; operative 7-5-91 (Register 91 , No. 35). 

§ 4353. Speed Limits. 

(a) In no event shall a vehicle be driven at a speed greater than 1 5 miles 
per hour in camps, picnic areas, utility areas, or headquarters areas or in 
areas where the general public assembles; 

(b) In all other areas the Department, based on the results of a traffic 
and engineering survey as defined in Section 627 of the California Ve- 
hicle Code may, by order, determine a speed limit, which shall be effec- 
tive when appropriate signs are placed in accordance with Section 
4301 (q). All speed limit signs that are placed in accordance with Section 
21401 of the California Vehicle Code in place on January 1, 1980, are 
hereby ratified and confirmed, until changed pursuant to engineering and 
traffic surveys; 

(c) In newly acquired or developed areas, the Department may estab- 
lish a speed hmit which will be in effect for a period not exceeding 120 
days. 

Note: Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
tions 21 1 13 and 22350, Vehicle Code; Section 5001 .8, Public Resources Code. 

History 

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 
21). 

2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

3. Change without regulatory effect amending section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4354. Dangerous Vehicle Operation. 

No person shall operate any vehicle, motor vehicle, off-highway ve- 
hicle, or bicycle negligently or willfully in such a manner as to pursue, 
harass, endanger, or injure any person or animal. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. New NOTE filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect amending section heading filed 6-1 8-96 pur- 
suant to section 100, title 1, California Code of Regulations (Register 96, No. 

25). 

§ 4355. Vehicle Operation. 

No person shall operate, drive, use, leave, park, place or stop a vehicle, 
except on a road or a parking area in any unit or a portion thereof, 

(a) or in violation of the condition, limitations, or restrictions in such 
unit or portion thereof; 

(b) or in violation of any regulation contained herein. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5001 .8, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect adding subsection (a) and (b) designators and 
amending section filed 6-1 8-96 pursuant to section 1 00, title 1 , California Code 
of Reguladons (Register 96, No. 25). 

§ 4356. Removal of Vehicles and Vessels. 

Any peace officer having jurisdiction in any unit is authorized to cause 
the removal of a vehicle from a unit under the provisions of the Vehicle 
Code including, but not limited to. Section 22659, when such vehicle is 
parked or left standing in violation of the Vehicle Code or state park regu- 
lation contained in Title 14 herein, or has been left standing for 72 hours. 

(b) Any peace officer having jurisdiction or any property owned, oper- 
ated or administered by the Department is authorized to cause the remov- 
al of a vessel from such property under the provisions of the Harbors and 
Navigation Code including, but not limited to, section 675(a)(1) when 
such vessel is left in violation of the Harbors and Navigation Code or title 
14, division 3, chapter 2 of the California Code of Regulations. 



• 



Page 452 



Register 96, No. 25; 6-21-96 



Title 14 



Department of Parks and Recreation 



§4451 



NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code; Section 22659, Vehicle Code; Section 675(a)(1), 
Harbors and Navigation Code. 

History 

1. Amendment tiled 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

2. Amendment of subsection (a) and new subsection (b) filed 6-5-91: operative 
7-5-91 (Register 91, No. 35). 

3. Change without regulatory effect amending section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4357. Vehicle Operators. 

(a) All individuals operating vehicles in any units shall be properly li- 
censed. 

(b) The Department may authorize certain types of vehicles to be oper- 
ated in units or portions thereof by other than licensed operators. 
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
12501, Vehicle Code. 

History 

1. Amendment Filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect adding subsection (a) and (b) designators and 
amending subsection (a) filed 6-1 8-96 pursuant to section 1 00, title 1 , Califor- 
nia Code of Regulations (Register 96, No. 25). 

§ 4358. Parking. 

The Department may, by posting of notices (4301 (i) and (q)), prohibit 
or restrict the parking or standing of vehicles in units or portions thereof, 
during all or certain hours of the day. No such posting of notices shall ap- 
ply until signs or markings giving adequate notice thereof have been 
placed. 

No person shall block or prevent access to a parking space that they 
do not lawfully occupy by the parking, standing, or stopping of a vehicle 
or placement of other objects, or any person. A person may lawfully 
occupy a parking place only through payment of fees or by being on De- 
partment business. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
tions 5001.8 and 5008, Public Resources Code. 

History 

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 
21). 

2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

3. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35). 

4. Change without regulatory effect repealing first sentence of each paragraph 
filed 6-18-96 pursuant to secfion 100, title 1, California Code of Regulations 
(Register 96, No. 25). 

§ 4359. Riding or Pack Animals. 

(a) No person shall ride, drive, lead, or keep a saddle or pack animal 
in a unit, or portion thereof, except on such roads, beaches, trails, or areas 
so designated by the Department. 

(b) No saddle or pack animal shall be hitched to any tree, shrub, or 
structure in any manner that might cause damage thereto. 

(c) No person shall ride any animal in a manner that might endanger 
life or limb of any animal, person or property; 

(d) No person shall allow their animal to stand unattended or insecure- 
ly tied. 

(e) All persons opening a closed gate shall close the same after passing 
through it. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 
21). 

2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

3. Change without regulatory effect amending section heading and section filed 
6-1 8-96 pursuant to section 100, title 1 , California Code of Regulations (Regis- 
ter 96, No. 25). 



§ 4360. Bicycles, Operator Propelled Devices. 

No person shall operate an operator or gravity propelled device in any 
unit, or portion thereof, when the Department has issued an order prohib- 
iting such activity. The Department may establish speed limits for units 
or portions thereof in which these devices are used. Speed limits will be 
posted. 

NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

2. Change without regulatory effect amending section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§4361. Aircraft. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5001.7, Public Resources Code. 

History 

1 . New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Repealer filed 6-5-91; operative 7-5-91 (Register 91, No. 35). 



Chapter 3. Concessions 

§ 4400. Procedure, Concessions. 

Within ten (10) days after the Department of Parks and Recreation has 
issued a riotice of intent to award a concession contract for a term in ex- 
cess of two (2) years following a request for proposal or invitation to bid, 
any proposer/bidder may file a written statement of protest against 
awarding of the contract with the Director of the Department. The state- 
ment shall be signed by the protestor, shall specify the grounds for the 
protest and may include a demand for a hearing. A copy of the protest 
must be served on the Attorney General within the same ten-day period 
by the proposer/bidder. 

If a protest is timely served and a hearing is demanded, or if the Direc- 
tor on his or her own motion orders a hearing, proceedings shall be con- 
ducted according to the Administrative Procedure Act, and the protest 
statement shall be treated as a statement of issues. Any recommendation 
or decision of the hearing officer shall be submitted to the Director for 
approval, adoption, modification, disapproval or other interlocutory or 
final action. 

If a hearing is not so demanded or ordered, the action of the Director 
shall be final. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5080.03, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Amendment of section and Note filed 10-16-2003; operative 11-15-2003 
(Register 2003, No. 42). 



Chapter 4. Camping 



§ 4450. Sections Applicable Only to State Operated Units. 

All sections in Chapter 4 shall apply only to units operated by the De- 
partment of Parks and Recreation. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5019.10, Public Resources Code. 

History 
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

§4451. Camping. 

(a) No person shall camp, as defined in Section 4301(U), in any unit 
except in areas designated for that purpose. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 



Page 453 



Register 2003, No. 42; 10-17-2003 



§4452 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



2. Change without regulatory effect amending section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4452. Number Occupying Campsites. 

(a) The number of vehicles and pei'sons occupying a catnpsite shall not 
exceed two vehicles and eight persons; 

(b) the Department may authorize a greater or lesser number when fa- 
cilities so warrant. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Recister 86, No. 

5). 

2. Change without regulatory effect adding subsection (a) and (b) designators and 
amending subsection (b) filed 6-1 8-96 pursuant to section 100, title 1, Califor- 
nia Code of Regulations (Register 96, No. 25). 

§ 4453. Camping Fees Due. 

(a) Fees for the use of camping facilities are due and payable daily. 

(b) The fee covers use of camping facilities until the vacating time of 
12:00 noon, of the following day. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5010, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
3). 

2. Change without regulatory effect adding subsection (a) and (b) designators and 
amending subsection (b) filed 6-18-96 pursuant to section 100, title 1, Califor- 
nia Code of Regulations (Register 96, No. 25). 

§ 4454. Occupancy. 

(a) A campsite is considered occupied when it is being used or has been 
reserved and the campsite is officially posted or marked "occupied" ei- 
ther at the campsite or entrance station. 

(b) The person or persons by or for whom the daily use fee has been 
paid and the guests and invitees of such person or persons may occupy 
the campsite. 

(c) No person not authorized to occupy a campsite pursuant to sub- 
paragraph (a) and (b) of this section or pursuant to law, shall take or main- 
tain possession or arrange camping equipment or park or stand a vehicle 
in a campsite marked occupied. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect amending section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4455. Camping Time Limits. 

(a) General. Occupancy by the same persons, equipment, or vehicles 
of any camping facility is limited to a total of 30 days in any calendar year 
in that unit. The Department may establish shorter or longer limits of oc- 
cupancy. 

(b) Shorter Limits. When the department has established shorter sea- 
sonal limits, no person (or persons) who have occupied a campsite for the 
established limit may reregister in the unit until the expiration of forty- 
eight (48) hours, from 12:00 noon of the checkout day to 12:00 noon of 
the second day following. Upon expiration of the established limit, the 
registered camper shall vacate the campsite of all persons, vehicles and 
equipment. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 
21). 

2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

3. Amendment of subsection (b) filed 6-5-91; operative 7-5-91 (Register 91, No. 

35). 



§ 4456. Vacating. 

Occupants shall vacate the campsite by removing their person, ve- 
hicles and property therefrom prior to 12:00 noon if appHcable use fee 
has not been paid or if time limit for occupancy has expired. 
NOTE: Authority cited: Section 5003. Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Amendment filed 6-5-91 ; operative 7-5-91 (Register 91, No. 35). 

§ 4457. One-Night Camping in Day Use Areas. 

The district superintendent may permit camping for one night only in 
a day use area or a portion thereof. Persons occupying a site for such 
camping shall vacate the same by 9 a.m. the following morning, shall be 
subject to such fees and vehicle limitations as the Department may estab- 
lish, and shall be liinited to the use of only such portions of the unit as the 
Department shall specify. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect amending section filed 6-18-96 pursuant to 
section 100, fitle 1, California Code of Regulations (Register 96, No. 25). 

§ 4458. Nighttime Closure. 

No person shall be present in any campground between the hours of 
10 p.m. and 6 a.m. except as the lawfully registered occupant or for the 
lawful purpose of camping when campsites are available. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect amending section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4460. Parking for Overnight Camping in Designated 
Coastal Beach Parking Areas. 

NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008.6, Public Resources Code. 

History 

1 . New section filed 7-19-77 as an emergency; effective upon filing (Register 77, 
No. 30). 

2. New section refiled 1^1— 78 as an emergency; effective upon filing (Register 78, 
No. 1). 

3. Repealed by operation of Section 1 1422.1(c), Government Code (Register 79, 
No. 10). 

§ 4461. Coastal Beach Overnight Parking Areas. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008.6, Public Resources Code. 

History 

1 , New secfion filed 7-19-77 as an emergency; effective upon filing (Register 77, 
No. 30). 

2, New section refiled 1-4-78 as an emergency; effective upon filing (Register 78, 

No. 1). 

3, Repealed by operation of Section 1 1422.1(c), Government 'Code (Register 79, 
No. 10). 

§ 4462. Definitions. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008.6, Public Resources Code. 

History 

1 . New section filed 7-19-77 as an emergency; effective upon filing (Register 77, 
No. 30). 

2. New section refiled 1 -4-78 as an emergency; effective upon filing (Register 78, 
No. 1). 

3. Repealed by operafion of Section 1 1422.1(c), Government Code (Register 79, 
No. 10). 

§ 4463. Annual Permit Fee and Inspection. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008.6, Public Resources Code. 



Page 454 



Register 2003, No. 42; 10-17-2003 



Title 14 



Department of Parks and Recreation 



§4501 



• 



History 

1 . New section filed 7-1 9-77 as an emergency; effective upon filing (Register 77, 
No. 30). 

2. New section refiled 1 -4-78 as an emergency; effective upon filing (Register 78, 
No. 1). 

3. Repealed by operation of Section 1 1422.1(c). Government Code (Register 79, 
No. 10). 

§ 4464. Self-Contained Vehicle Camping. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008.6, Public Resources Code. 

History 

1 . New section filed 7-19-77 as an emersency ; effective upon filing (Register 77, 
No. 30). 

2. New section refiled 1-4-78 as an emergency; effective upon filing (Register 78, 
No. 1). 

3. Repealed by operation of Section 1 1422.1(c), Government Code (Register 79, 
No. 10). 



• 



Chapter 5. Hunting 

§ 4500. Areas Open to Hunting, General Provisions. 

NOTE: Authority cited: Secfions 5003 and 5008, Public Resources Code. Refer- 
ence: Sections 5003.1 and 5019.56, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect repealing section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4501. Hunting Authorized. 

Hunting is authorized as follows: 

(a) Picacho State Recreation Area. 

There is opened to hunting annually from the opening day of dove 
hunting season through the closing day of duck or goose hunting season, 
whichever is later, as established by the State Fish and Game Commis- 
sion, all lands except those portions described as follows: 

(1) That portion of Section 24, Township 13 South, Range 22 East, 
S.B.B.&M., lying east of the western line of Lot 2. 

(2) The northeast quarter of the northwest quarter; the north half of the 
southeast quarter of the northwest quarter; the northwest quarter of the 
northeast quarter; the west half of the northeast quarter of the northeast 
quarter; the northeast quarter of the northeast quarter of the northeast 
quarter; the north half of the southwest quarter of the northeast quarter; 
and the northwest quarter of the southeast quarter of the northeast quarter 
of Section 25, Township 13 South, Range 22 East, S.B.B.&M. 

(3) That portion of Section 19, Township 13 South, Range 23 East, 
S.B.B.&M., which lies west of the western line of Colorado Street as said 
street is shown on the map of the Town of Picacho filed April 24, 1897, 
in Book 1 of Maps, Page 2, Official Records of San Diego County. 

At all other times than from the opening day of the dove hunting season 
through the closing day of duck or goose hunting season, as established 
by the State Fish and Game Commission, the area shall be closed to hunt- 
ing to accommodate visitors and insure their safety. (See 1 4 ADM C. 501 , 
and 502(a) (1).) 

A map of the portions of the state recreation area opened to hunting 
shall be available at the state recreation area office for examination. 

(b) Hunting. Auburn State Recreation Area. 
Hunting is allowed with the following restrictions. 
Location: No hunting is allowed at the following locations: 

(1) All lands west of Highway 49. 

(2) The main body of Lake Clementine and adjacent lands within 150 
yards of the lake, and within 150 yards of any access road, building, 
campground, or marina. 

(3) The Middle Fork of the American River and adjacent lands from 
the Highway 49 bridge upstream (east) to the upper end (inclusive) of the 
area known as Mammoth Bar. 

(4) The North Fork of the American River and adjacent lands from the 
Highway 49 bridge upstream to Clementine Dam. 



(5) All lands west of the intersection of the old and the new Auburn 
Foresthill roads. 

(6) All areas leased for grazing. 

Season: Hunting is only allowed during the regular hunting season es- 
tablished by the Fish and Game Commission between September 1 and 
January 31. 

Species: Deer, California Quail, dove and Bandtail Pigeon and turkey. 

Method: Only shotguns, rifles and bows and arrows may be used and 
only in compliance with all Fish & Game Commission Regulations. 

A map of the portions of the state recreation area open to hunting shall 
be available at the state recreation area office for examination. 

(c) Hunting, San Luis Reservoir State Recreation Area. 

There is opened to hunting annually from the opening day of hunting 
season for ducks or geese, whichever is earlier, to and including the clos- 
ing day of said season, whichever is later, as established by the State Fish 
and Game Commission all lands except those portions described as fol- 
lows: 

(1) In San Luis Reservoir: 

(a) San Luis Dam structure. 

(b) San Luis trash rack structure. 

(c) That portion of land lying between the basalt access road and the 
San Luis Reservoir water line, from the south end of the dam to and in- 
cluding the basalt boat ramp. 

(2) In O'Neill Forebay: 

(a) California aqueduct structure from where it enters O'Neill Forebay 
to the Recreation Area boundary. 

(b) O'Neill pumping plant structure. 

(c) O'Neill dam structure. 

(d) California aqueduct outlet from its mouth to the Recreation Area 
boundary. 

(e) All the land in the Mederios area bounded b O'Neill Forebay and 
Highways 207 and 152. 

(f) All land in the San Luis Creek area from a point on the waterline, 
7,500 feet south of the north boundary of the Recreation Area: thence 
west to the west fence and projection of the fence line to O'Neill Forebay: 
thence easterly and northerly along the waterline to the point of begin- 
ning. 

(3) In Los Banos Creek Reservoir area. 

(a) Los Banos Dam structure and Vista Point. 

(b) The two campground areas and the posted adjacent shoreline on the 
north side of the reservoir. 

(4) In all areas for a distance of 300 feet beyond each and all of the 
above specifically described areas, but not extending beyond the State 
Recreation Area boundary. 

At all other times than from the opening day of such duck or goose 
hunting seasons, whichever is earlier, to and including the closing day of 
said hunting season, whichever is later as established by the State Fish 
and Game Commission, the area shall be closed to hunting to accommo- 
date visitors and ensure their safety. (See 14 Cal. Adm. Code Section 
502(a)(1).) 

A map of the portions of the state recreation area open to hunting shall 
be available at the State Recreation Area Office for examination. 

(d) Hunting. Providence Mountains State Recreational Area. 

There is opened to hunting within that portion described as follows: 

That parcel of land located in Township 10 North, Range 14 East, of 
the San Bernardino Base Meridian, San Bernardino County, California, 
more particularly described as follows: 

Beginning at the center west sixteenth comer in Section 8, thence in 
a southerly direction along the section line in Sections 8 and 17, thence 
to the center west sixteenth comer in Section 17, thence easterly along 
the quarter section line to the quarter comer common to Secfions 16 and 
Section 17, thence northerly along the section line to the section comer 
common to Sections 8, 9, 16 and 17, thence easteriy along the secfion line 
to the east-west sixty fourth center common to Secfions 9 and 16, thence 
northeriy along the sixty fourth secfion line 800 feet to a point, thence east 



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2.000 feet more or less to a road commonly known as the Old C and K 
Mine Road, thence in a generally easterly and southerly direction along 
said road 9,000 feet more or less to a fork in the road, thence along the 
southerly fork 600 feet more or less to the section line common to Sec- 
tions 14 and 15, thence southerly along the section line approximately 1.7 
miles to the quarter corner common to Sections 26 and 27, thence easterly 
in Section 26 along the quarter section line to the center-east sixteenth 
corner in Section 26, thence northerly along the sixteenth section line 2.5 
miles more or less to the east sixteenth corner common to Sections 1 1 and 
14, thence westerly 1.25 miles to the quarter comer common to Sections 
10 and 15, thence northerly along the quarter section line to the center 
quarter corner of section 10, thence westerly approximately 2.5 miles 
along the quarter section line in Sections 10, 9, and 8, thence to the cen- 
ter-west sixteenth comer in Section 8, being the point of beginning of 
said parcel. 

Excepting therefrom all lands that are not under the control of the De- 
partment. 

(e) Hunting. Lake Oroville State Recreation Area. 

There is opened to hunting annually, between September 1 5 and Janu- 
ary 31 only, during the regular hunting season, and during the spring 
turkey hunting season, as established by the State Fish and Game Com- 
mission, all lands except those portions described as follows: 

(1) West branch of the lake and adjacent lands upstream from the 
Highway 70 bridge. 

(2) The main body of the lake downstream from Foreman Point and 
downstream from the Bidwell Bar bridge. 

(3) Those areas known as Goat Ranch, Bloomer Primitive, Foreman 
Creek, Sycamore Creek and Craig Boat-in Campground. 

(4) Thermalito Forebay north and south and adjacent state recreation 
area lands. 

(5) Thermalito diversion reservoir and adjacent state recreation area 
lands. 

(6) Hunting will be prohibited within 300 yards of any designated 
campground, building or dock. 

Except during turkey hunting season in the spring, no hunting will be 
allowed during the period between Febmary 1 through September 14, to 
accommodate other visitors and ensure their safety. (See Title 14 Cal. 
Adm. Code Section 502(a)(1).) 

A map of the portions of the state recreation area open to hunting shall 
be available at the state recreation area office for examination. 

(f) Hunting. Lake Perris State Recreation Area. 

There is opened to hunting annually during the regular seasons estab- 
lished by the State Fish and Game Commission, during the period Sep- 
tember 1 through January 31, and with shotguns only, within those por- 
tions bounded by the Bernasconi Pass Road and a posted boundary to the 
lake shore; the lake shoreline northerly to a posted boundary to the Davis 
Road; the Davis Road easterly to the state recreation area boundary; and 
the state recreation area boundary southerly and westerly to the point of 
beginning at the Bernasconi Pass Road. 

That portion of the lake area posted with buoys to approximately 1556 
contour line from the first ridge and the lake shoreline northerly of the 
Bernasconi Pass Road, northerly to an outcropping of rocks and posted 
with buoys on the east shoreline located approximately on a bearing of 
north 70 degrees east from the top of Alessandro Island. 

A map of the portions of the state recreation area open to hunting shall 
be available at the state recreation area office for examination. 

(g) Hunting. Harry A. Merlo State Recreation Area. 

There is opened to hunting annually during the regular waterfowl 
hunting season, as established by the State Fish and Game Commission, 
all lands in the Harry A. Merio State Recreation Area at or below the 20 
foot elevation contour. Possession of a loaded firearm will be illegal 
within the urut at all elevations above 20 feet at all limes. 

A map of the portions of the state recreation area open to hunting shall 
be available at the state recreation area office for examination. 

(h) Hunting. Franks Tract State Recreation Area. 



There is opened to waterfowl hunting annually from the opening day 
of hunting season for ducks and geese, whichever is earlier, to and includ- 
ing the closing day of this season, whichever is later as estabhshed by the 
Fish and Game Commission, in all of Franks Tract State Recreation Area, 
except the 330 acre island known as Little Franks Tract, which is 
bounded on the south and west by Piper Slough, on the North by False 
River, and on the east by the open water portion of Franks Tract State 
Recreation Area; also excepting that portion of Franks Tract State Recre- 
ation Area lying southwest of the following line: beginning at a point on 
Little Franks Tract, 2,000 feet north of Piper Slough, thence southeast 
2,000 feet east of Piper Slough levee to the junction of Hohand Island le- 
vee. 

A map of the portions of Franks Tract State Recreation Area open to 
hunting shall be available at the Delta District office at Brannan Island 
State Recreation Area for examination. 

NOTE: Authority cited: Sections 5003 and 5008, Public Resources Code. Refer- 
ence: Sections 5003.1, 5017, 5019.5 and 5019.56, Public Resources Code. 

History 

1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect amending section heading and section, adding 
new subsection (a) and renumbering former sections 4503^509 to new subsec- 
tions 4501 (b)-(h) filed 6-1 8-96 pursuant to section 1 00, title 1 , California Code 
of Regulations (Register 96, No. 25). 

§ 4502. Prohibition of Taking Game Not Regulated or 
Protected by Statute Where Hunting Is 
Permitted. 

NOTE; Authority cited: Sections 5003 and 5008, Public Resources Code. Refer- 
ence: Sections 5001.65, 5003 and 5008, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect repealing section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4503. Hunting. Auburn State Recreation Area. 

NOTE: Authority cited: Sections 5003 and 5008, Public Resources Code. Refer- 
ence: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code. 

History 

1. New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35). 

3. Change without regulatory effect renumbering former section 4503 to new sub- 
section 4501(b) filed 6-1 8-96 pursuant to section 100, title 1 , California Code 
of Regulations (Register 96, No. 25). 

§ 4504. Hunting, San Luis Reservoir State Recreation 
Area. 

NOTE: Authority cited: Section 5003 and 5008, Public Resources Code. Refer- 
ence: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code. 

History 

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 
21). 

2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

3. Change without regulatory effect renumbering former section 4504 to new sub- 
section 4501(c) filed 6-18-96 pursuant to section 100, title 1, CaUfomiaCode 
of Regulafions (Register 96, No. 25). 

§ 4505. Hunting, Providence Mountains State Recreation 
Area. 

NOTE: Authority cited: Sections 5003 and 5008, Public Resources Code. Refer- 
ence: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect renumbering former section 4505 to new sub- 
section 4501(d) filed 6-18-96 pursuant to section 100, title 1, California Code 
of Regulafions (Register 96, No. 25). 

§ 4506. Hunting, Lake Oroville State Recreation Area. 

NOTE: Authority cited: Sections 5003 and 5008, Public Resources Code. Refer- 
ence: Secfions 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code. 

History 
1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 
21). 



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Title 14 



Department of Parks and Recreation 



§ 4601.1 



2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

3. Change without regulatory effect renumbering former section 4506 to new sub- 
section 4501(e) filed 6-1 8-96 pursuant to section 100, title 1 , California Code 
of Regulations (Register 96, No. 25). 

§ 4507. Hunting, Lake Perris State Recreation Area. 

NOTE: Authority cited: Sections 5003 and 5008, Public Resources Code. Refer- 
ence: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect renumbering former section 4507 to new sub- 
section 4501(0 filed 6-18-96 pursuant to section 100, title 1, California Code 
of Regulations (Register 96, No. 25). 

§ 4508. Hunting, Harry A. Merlo State Recreation Area. 

NOTE: Authority cited: Sections 5003 and 5008, Public Resources Code. Refer- 
ence: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code. 

History 

1 . New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

2. Change without regulatory effect renumbering former section 4508 to new sub- 
section 4501(g) filed 6-18-96 pursuant to section 100, title 1, California Code 
of Regulations (Register 96, No. 25). 

§ 4509. Hunting, Franks Tract State Recreation Area. 

NOTE: Authority cited: Sections 5003 and 5008, Public Resources Code. Refer- 
ence: Sections 5003, 5003.1, 5008, 5017 and 5019.5, Public Resources Code. 

History 

1 . New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

2. Change without regulatory effect renumbering former section 4509 to new sub- 
section 4501 (h) filed 6-18-96 pursuant to section 100, title 1 , California Code 
of Regulations (Register 96, No. 25). 



• 



Chapter 6. Provisions Limited to Specific 
Units 

§ 4600. Hearst San Simeon State Historical l\/lonUiinent. 

(a) Tours. 

All visitors shall remain with the designated guide; and no person shall 
depart from the route of tour as designated by the guide, or stray without 
permission of such guide or his/her superiors into areas prohibited to visi- 
tors and so marked. 

(b) Handling Objects. 

No person other than officers or employees of the Department in the 
course of duty shall touch, handle, or move any object or exhibit. 

(c) Food and Beverages. 

No person shall possess, carry, or consume food or beverages on the 
route of tour or in any vehicle on such route. 

(d) Photographs and Cameras. 

No photography is to interfere with scheduled tours, and the time lim- 
its allotted them. No photographer is to leave the tour route, use any kind 
of artificial light, tripod, or set any equipment down on any surface with- 
out permission from the Department. 

NOTE: Authority cited: Sections 5003 and 5008, Public Resources Code. Refer- 
ence: Sections 5003, 5008 and 5019.59, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect repealing section and renumbering former 
sections 4600.1-4600.3 and 4600.6 to new subsections (a)-(d), respectively, 
with amendments thereto, filed 6-1 8-96 pursuant to section 1 00, title 1 , Califor- 
nia Code of Regulations (Register 96, No. 25). 

§4600.1. Tours. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 



2. Change without regulatory effect renumbering former section 4600.1 to new 
4600(a), with amendments, filed 6-1 8-96 pursuant to section 100, title 1 , Cali- 
fornia Code of Regulations (Register 96, No. 25). 

§ 4600.2. Handling Objects. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effecfive thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect renumbering former section 4600.2 to new 
4600(b), with amendments, filed 6-1 8-96 pursuant to section 100, title 1, Cali- 
fornia Code of Regulations (Register 96, No. 25). 

§ 4600.3. Food and Beverages. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect renumbering former section 4600.3 to new 
4600(c) filed 6-1 8-96 pursuant to section 100, title 1, California Code of Regu- 
lations (Register 96, No. 25). 

§ 4600.4. Smoking. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect repealing secfion filed 6-18-96 pursuant to 
section 100, fitle 1, California Code of Regulations (Register 96, No. 25). 

§ 4600.5. Dogs or Pets. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5), 

2. Change without regulatory effect repealing secfion filed 6-18-96 pursuant to 
secfion 100, fitle 1, California Code of Regulanons (Register 96, No. 25). 

§ 4600.6. Photographs and Cameras. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effecfive thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect renumbering former section 4600.6 to new 
4600(d), with amendments, filed 6-18-96 pursuant to section 100, fitle 1, Cali- 
fornia Code of Regulations (Register 96, No. 25). 

§ 4601 . Torrey Pines and Point Lobos State Reserves, and 
Penasquitos Marsh Natural Preserve. 

All sections shall apply to all upland areas of Torrey Pines State Re- 
serve which areas are defined as all portions of the reserve lying on the 
southwest and northeast sides of Soledad Valley above the 20 foot eleva- 
tion contour, and to all of the Penasquitos Marsh Natural Preserve. 

No person shall: 

(a) Picnic anywhere in the reserve except where designated by the Dis- 
trict Superintendent. 

(b) Leave designated trails that are so posted. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect amending section heading and section, and 
adding text from former secfion 4601.1 filed 6-18-96 pursuant to section 100, 
fitle 1, California Code of Regulafions (Register 96, No. 25). 

§ 4601 .1 . Torrey Pines State Reserve. 

Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 



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BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



2. Change without regulator)' effect moving portions of section to section 4601 and 
repealing remainder of section filed 6-18-96 pursuant to section 100, title 1, 
California Code of Regulations (Register 96, No. 25). 

§4601.2. Penasquitos Marsh Natural Preserve. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
tions 5008 and 5019.71, Public Resources Code. 

History 

1. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 
21). 

2. Amendment filed 1-28-86; effecfive thirtieth day thereafter (Register 86. No. 
5). 

3. Change without regulatory effect repealing section filed 6-18-96 pursuant to 
section 100. title 1, California Code of Regulations (Register 96, No. 25). 

§ 4602. Point Lobos State Reserve. 

NOTE: Authority cited: Sections 5003 and 5008, Public Resources Code. Refer- 
ence: Sections 5003 and 5008, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

2. Change without regulatory effect repealing section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4603. Angel Island State Park. 

(a) No person shall land a ship or boat on said park other than at a dock 
or place designated by the District Superintendent. No person shall so 
land when such dock or place is occupied, or when the District Superin- 
tendent forbids landing because he/she has determined that the facilities 
of the unit are full, or after local closing hours. No person shall enter said 
unit other than by ship or boat, or by swimming ashore, or from a ship or 
boat lying offshore. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect amending subsection (a) and repealing sub- 
section (b) filed 6-18-96 pursuant to secfion 100, title 1, California Code of 
Regulations (Register 96, No. 25). 

§ 4604. Carrizo Impact Area. 

The Carrizo Impact Area is hereby closed to the general public pend- 
ing the accomplishment of decontamination procedures. The Carrizo Im- 
pact Area herein referred to is all that real property in the County of Impe- 
rial, State of California, more particularly described as follows: 

The south half and south half of the north half of Sections 8, 9, and 1 0; 
and all of Sections 15, 17, 20, to 29 inclusive and 32, 33, 34, and 35, 
Township 14 South, Range 9 East, S.B.B.&M. and Sections 1 , 2, 3, 4, 5, 
6, lOtolSinclusive, theeasthalfandalloflotsS, 6, 7,8, 9, 10, 11, 13, 
15, 16, 17, 18, 19, 20, 30, 31 and 32 of Section 7 and east half and Lots 
5,6,7,8,9, 10,11,12,13, 14,15,16, 17,18,19,20,21,22,23,24,25, 
26, 27, 28, 29, 30, and 31 of Section 18, east half and east half of west half 
and Lots 1, 2, 3, 4, in Section 16; north half, north half of south half, 
southeast quarter of southwest quarter, south half of southeast quarter, 
and Lot 1 of Section 9; Lots 1,2, 3,4, 5, 6, and 7 of Section 17, Township 
15 South, Range 9 East, S.B.B.&M. 

Said area is further described and delineated on that map entitled "Car- 
rizo Closure Map" filed in the director's office and posted in the office 
of the District Superintendent of Anza-Borrego Desert State Park. 

No person shall during the effective period of this regulation enter the 
Carrizo Impact Area; provided, however, that personnel of the armed 
forces of the United States may enter for the purposes of decontamination 
and ordnance disposal; provided, further, that public officers of the 
United States, of the state, and of other public agencies and their em- 
ployees, contractors, and agents, may enter for a public purpose only on 
prior permission in writing by the district superintendent on such terms 
and conditions as may be prescribed; and provided, further, that nothing 
herein contained shall be construed in derogation of any right therein 
heretofore by instrument duly granted. 



NOTE: Authority cited: Sections 5003 and 5008, Public Resources Code. Refer- 
ence: Sections 506. 546, 5003 and 5008, Public Resources Code. 

History 

1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect amending section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4605. Lake Elsinore State Recreation Area. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5019.56. Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Recister 86, No. 
3). 

2. Change without regulatory effect repealing section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4605.1 . Lake Elsinore State Recreation Area. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
tions 5008 and 5019.56, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect repealing section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulafions (Register 96, No. 25). 

§ 4605.2. Construction. 

NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
tions 5008 and 5019.10, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect repealing section filed 6-18-96 pursuant to 
section 100, ntle 1, California Code of Regulations (Register 96, No. 25). 

§ 4605.3. Traffic Patterns. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference; Section 
5008, Public Resources Code. 

History 

1. New NOTE filed 1-28-86; effective thirtieth day thereafter (Reeister 86, No. 

5)- 

2. Change without regulatory effect repealing section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4605.4. Ski Tow Rope. 

NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. New NOTE filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
3). 

2. Change without regulatory effect repealing section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4605.5. Towed Equipment. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect repealing section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4605.6. Sailboats. 

NOTE: Authority cited; Section 5003, Public Resources Code. Reference; Section 
5008, Public Resources Code. 

History 

1. New NOTE filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect repealing section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4606. Lake Natoma. Folsom Lake State Recreation Area. 

NOTE: Authority cited: Sections 5003 and 5008, Public Resources Code. Refer- 
ence: Sections 506, 546, 5003 and 5008, Public Resources Code. 

History 
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 



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Title 14 



Department of Parks and Recreation 



§ 4610.2 



2. Change withoul regulatory effect repealing section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 



§ 4607. Benbow Lake State Recreation Area. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Resister 86, No. 

5). 

2. Change without regulatory effect repealing section tiled 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4608. Mt. San Jacinto State Wilderness. 

(a) At no time shall the number of persons camping in the state wilder- 
ness exceed 400. 

(b) No person shall enter Mt. San Jacinto State Wilderness without 
first obtaining the required permit. 

NOTE: Authority cited: Sections 5003 and 5008, Public Resources Code. Refer- 
ence: Sections 5001.5, 5003, 5008, 5017 and 5019.5, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

2. Change without regulatory effect amending section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4609. Pismo Dunes State Vehicular Recreation Area. 

(a) Unless provided for in these provisions, all of the provisions of the 
California Vehicle Code apply to Pismo Dunes State Vehicular Recre- 
ation Area, CVC21 113. 

(b) Vehicles. 

All vehicles shall be registered under the provisions of the California 
Vehicle Code, Sections 4000 or 38010 and may operate as follows: 

(1) The boundaries of such vehicle use shall be designated by the Dis- 
trict Superintendent as shown on a map posted at the unit. 

(2) The towing by a vehicle of any object other than another vehicle 
or trailer is prohibited. 

(3) All Off-Highway vehicles registered under California Vehicle 
Code Section 38010 or other vehicles primarily operated for Off-High- 
way Vehicle activities shall be equipped with a whip, which is any pole, 
rod or antenna, that is securely mounted on the vehicle and which extends 
at least eight (8) feet from the surface of the ground when the vehicle is 
stopped. 

When the vehicle is stopped, the whip shall be capable of standing up- 
right when supporting the weight of any attached flags. 

At least one whip attached to each vehicle shall have a solid red or 
orange colored safety flag with a minimum size of six (6) inches by 
twelve (12) inches and be attached within ten (10) inches of the top of the 
whip. Flags may be of pennant, triangle, square, or rectangular shape. 
Club or other flags may be mounted below the safety flag or on a second 
whip. 

(4) When a vehicle is operated in the dunes area, which is that land area 
extending from the first line of sand dunes inland outside Pismo Dunes 
Natural Preserve, the vehicle shall have additional equipment as follows: 

Each vehicle, except two, three and four wheeled cycles, shall be 
equipped with adequate roll bars or roof structure of sufficient strength 
to support the weight of the vehicle and shall have a secure seat and seat 
belt for the vehicle operator and each passenger. Seat belts shall be as spe- 
cified in the California Vehicle Code. 

NOTE: Authority cited: Section 5003 and 5008, Public Resources Code. Refer- 
ence: Sections 5003 and 5008, Public Resources Code; and Sections 4000, 21113 
and 38010, Vehicle Code. 

History 

1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

2. Change without regulatory effect repealing first sentence, adding subsection (a) 
designator, and renumbering former section 4609.1 to new subsections 
(b)-(b)(4), with amendments, filed 6-18-96 pursuant to section 100, title 1 , Cal- 
ifornia Code of Regulations (Register 96, No. 25). 



§4609.1. Vehicles. 

NOTE: Authority cited: Sections 5003 and 5088, Public Resources Code. Refer- 
ence: Sections 5001 .65, 5001 .8, 5003 and 5008, Public Resources Code; and Sec- 
tion 21 1 13, Vehicle Code. 

History 

1. Repealer ofsub.section(d) filed 5-25-79; effective thirtieth day thereafter (Reg- 
ister 79, No. 21). 

2. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

3. Change without regulatory effect renumbering former section 4609.1 to new 
subsections 4609(b)-(b)(4). with amendments, filed 6-18-96 pursuant to sec- 
tion 100, title 1 , California Code of Regulafions (Register 96, No. 25). 

§ 4609.2. Drivers' Licenses. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
12501, Vehicle Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect repealing section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4609.3. Drivers' Licenses, Off-Highway Units. 

NotE: Authority cited: Section 5003, Public Resources Code. Reference:Section 
12501, Vehicle Code. 

History 

1. New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect renumbering former section 4609.3 to new 
section 4610 filed 6-18-96 pursuant to secfion 100, title 1 , California Code of 
Regulations (Register 96, No. 25). 

§ 4610. Drivers' Licenses, Off-Highway Units. 

Unlicensed drivers may operate a vehicle in off-highway division 
units as follows: 

(a) The unlicensed driver shall be accompanied and supervised at all 
times by a licensed driver who must be in, on, or about the vehicle being 
operated. The licensed driver supervising shall supervise not more than 
three (3) unlicensed drivers at any one time. 

(b) The unlicensed driver must be capable of operating all vehicle con- 
trol mechanisms and is prohibited from operating a vehicle during night- 
time hours or outside the designated off-highway vehicle area. 
NOTE: Authority cited: Section 5003, Public Resources Code. Reference:Section 
12501, Vehicle Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth dav thereafter (Register 86, No. 
5). 

2. Change without regulatory effect renumbering former section 461 to new sec- 
tion 461 1 and renumbering former section 4609.3 to new section 4610 filed 
6-18-96 pursuant to section 100, title 1 , Cahfomia Code of Regulafions (Regis- 
ter 96, No. 25). 



§ 4610.1 . Units Open for Rockhounding. 

NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
fions 5001.65 and 5008, Public Resources Code. 

History 

1. Amendment filed 5-25-79; effective thirtieth dav thereafter (Register 79, No. 
21). 

2. Amendment filed 1-28-86; effective thirtieth dav thereafter (Register 86, No. 
5). 

3. Amendment filed 6-5-91; operative 7-5-91 (Register 91, No. 35). 

4. Change without regulatory effect renumbering sections 46 1 0. 1 , 46 1 0.2, 46 1 0.3, 
4610.5, 4610.7, 4610.8, 4610.9 and 4610.10 to new section 461 1, subsections 
(b)-(i), respectively, with amendments filed 6-1 8-96 pursuant to section 100, 
title 1, California Code of Regulations (Register 96, No. 25). 

§4610.2. Commercial Use. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5001.65, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

2. Change without regulatory effect renumbering former sections 4610.1 , 4610.2, 
4610.3, 4610.5, 4610.7, 4610.8, 4610.9 and 4610.10 to new section 461 1, sub- 
sections (b)-(i), respectively, with amendments filed 6-18-96 pursuant to sec- 
tion 100, title 1, California Code of Regulations (Register 96, No. 25). 



Page 459 



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§ 461 0.3. Maximum Tal<e. 

NOTE: Authority cited: Section 5003. Public Resources Code. Reference: Section 
5001.65, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
3). 

2. Change without regulatory effect renumberine former sections 461 0. 1 , 4610.2. 
4610.3, 4610.5, 4610.7, 4610.8. 4610.9 and 4610.10 to new section 461 1, sub- 
sections (b)-(i), respectively, with amendments filed 6-18-96 pursuant to sec- 
tion 100, title 1, California Code of Regulations (Register 96, No. 25). 

§4610.4. Disturbing Land. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

2. Change without regulatory effect repealing section filed 6-18-96 pursuant to 
section 100, title 1 , California Code of Regulations (Register 96, No. 25). 

§4610.5. Use of Tools. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

2. Change without regulatory effect renumbering former sections 4610. 1 , 4610.2, 
4610.3, 4610.5, 4610.7, 4610.8, 4610.9 and 4610.10 to new section 4611, sub- 
sections (b)-(i), respectively, with amendments filed 6-18-96 pursuant to sec- 
tion 100. title 1, California Code of Regulations (Register 96, No. 25). 

§4610.6. "Float" Materials. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008. Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

2. Change without regulatory effect repealing section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4610.7. Areas for Swimming and Boating. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. New NOTE filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect renumbering former sections 461 0. 1 , 461 0.2, 
4610.3, 4610.5, 4610.7, 4610.8, 4610.9 and 4610.10 to new section 461 1, sub- 
sections (b)-(i), respectively, with amendments filed 6-1 8-96 pursuant to sec- 
tion 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4610.8. Areas Limited for Collecting. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect renumbering former sections 4610.1 , 4610.2, 
4610.3, 4610.5, 4610.7, 4610.8, 4610.9 and 4610.10 to new section 4611, sub- 
sections (b)-(i), respectively, with amendments filed 6-18-96 pursuant to sec- 
tion 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4610.9. Indian Artifacts. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect renumbering former sections 4610.1, 4610.2, 
4610.3, 4610.5, 4610.7, 4610.8, 4610.9 and 4610.10 to new section 4611, sub- 
sections (b)-(i), respectively, with amendments filed 6-18-96 pursuant to sec- 
tion 100, title 1, California Code of Reguladons (Register 96, No. 25). 

§ 461 0.1 0. Panning for Gold. 

NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 



History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

2. Chanee without regulatory effect renumbering former secfions 4610.1, 4610.2, 
4610.3, 4610.5, 4610.7, 4610.8, 4610.9 and 4610.10 to new section 461 1, sub- 
sections (b)-(i), respectively, with amendments filed 6-18-96 pursuant to sec- 
tion 100, ritle 1, California Code of Regulations (Register 96, No. 25). 

§4611. Rockhounding. 

(a) Rockhounding is authorized by Section 5001. 65 of the Public Re- 
sources Code. 

(b) Units and portions thereof (o)pen for Rockhounding will be posted 
in accordance with Section 4301(1). 

(c) Commercial Use. 

Rocks or mineral specimens gathered within a unit may not be sold or 
used commercially for the production of profit. 

(d) Maximum Take. 

One person may gather, in one day in one unit, not more than 15 
pounds of mineral ogical material or not more than one specimen plus 15 
pounds of mineralogical material. 

(e) Use of Tools. 

Tools, except goldpans to be used in gold panning, may not be used 
in rockhounding within a unit. 

(f) Areas for Swimming and Boating. 

In state recreation areas rockhounding may not be practiced in areas 
designated for swimming or for boat launching. 

(g) Areas Limited for Collecting. 

In state recreation areas rockliounding is limited to beaches which lie 
within the jurisdiction of the Department and within the wave action zone 
on lakes, bays, reservoirs, or on the ocean, and to the beaches or gravel 
bars which are subject to annual flooding on streams. 

(h) Indian Artifacts. 

Rockhounding in a unit specifically does not include the gathering of 
Indian arrowheads, Indian stone tools, or other archeological specimens, 
even when such specimens may be found occurring naturally on the sur- 
face. 

(i) Panning for Gold. 

Panning for gold is considered to be "rockhounding" as the term is 
applied in the Department. The goldpan is the only exception permitted 
to the exclusion of tools from rockhounding in a unit as provided in Sec- 
tion 4610.5. Muddy water from panning operations must not be visible 
more than 20 feet from the panning operation. 

NOTE: Authority cited: Sections 5001.65 and 5003, Public Resources Code. Ref- 
erence: Section 5001.65, Public Resources Code. 

History 

1 . Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

2. Change without regulatory effect repealing section and renumbering sections 
4610, 4610.1, 4610.2, 4610.3, 4610.5, 4610.7, 4610.8, 4610.9 and 4^610.10 to 
new section 4611, subsections (a)-(i), respectively, with amendments, filed 
6-1 8-96 pursuant to section 100, title 1 , California Code of Regulations (Regis- 
ter 96, No. 25). 

§ 4612. Crystal Cove Historic District. 

No person shall repair, alter, modify, add to, or reduce any structure 
within the "Historic District" of Crystal Cove State Park without first ob- 
taining a permit from the Department. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 
1. New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

§ 4613. California State Railroad Museum. 

The California State Railroad Museum, for the purposes of this sec- 
tion, includes the Museum of Railroad History Building, the Big Four 
Building, the Central Pacific Passenger Station, Central Pacific Freight 
Depot, and the train equipment operated by the Museum. 

(a) Carrying Capacity. 

Except as authorized by the Department, no person or groups shall en- 
ter a Museum facihty when notified by staff or posted at the museum en- 



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§4656 



trances that the facility is currently occupied by the number of persons 
or groups established as the appropriate carrying capacity. 

(b) Photography. 

No person shall use photographic equipment or techniques when in- 
formed by staff or posted notice that their use is prohibited. 

(c) Artifacts and Exhibits. 

Except as authorized by the Department, no person shall touch, handle 
or move any artifact, museum object or exhibit. 

(d) CHmbing. 

Except as authorized by the Department, no person shall climb on any 
object or exhibit. 

(e) Food and Drink. 

Except as authorized by the Department, no person shall possess, carry 
or consume food or beverage within any facility, building or equipment. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
tions 5003 and 5008, Public Resources Code. 

HrSTORY 

1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35). 

2. Change without regulatory effect repealing first sentence and second paragraph, 
and renumbering former sections 46 1 3. 1 ^6 1 3.5 to new subsections (aj-(e), re- 
spectively, with amendments, filed 6-18-96 pursuant to section 100, title 1, 
California Code of Regulations (Register 96, No. 25). 

§ 4613.1. Carrying Capacity. 

NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
tions 5003 and 5008, public Resources Code. 

History 

1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35). 

2. Change without regulatory effect renumbering former sections 4613.1-4613.5 
to new subsections 4613 (a)-(e), respectively, with amendments, filed 6-18-96 
pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 

25). 

§4613.2. Photography. 

NOTE; Authority cited: Section 5003, PubUc Resources Code. Reference: Sec- 
tions 5003 and 5008, Public Resources Code. 

History 

1 . New section filed 6-5-91 ; operative 7-5-91 (Register 91, No. 35). 

2. Change without regulatory effect renumbering former sections 4613.1^613.5 
to new subsections 4613 (a)-(e), respectively, with amendments, filed 6-18-96 
pursuant to section 100, title 1 , California Code of Regulations (Register 96, No. 

25). 

§ 4613.3. Artifacts and Exhibits. 

NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
tions 5003 and 5008, Public Resources Code. 

History 

1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35). 

2. Change without regulatory effect renumbering former sections 4613.1^613.5 
to new subsections 4613 (a)-(e), respectively, with amendments, filed 6-18-96 
pursuant to section 100, fitle 1 , California Code of Regulations (Register 96, No, 

25). 

§4613.4. Climbing. 

NOTE; Authority cited: Section 5003, Public Resources Code. Reference; Sec- 
tions 5003 and 5008, Public Resources Code. 

History 

1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35). 

2. Change without regulatory effect renumbering former sections 4613.1^613.5 
to new subsections 461 3 (a)-(e), respectively, with amendments, filed 6-18-96 
pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 

25). 

§ 4613.5. Food and Drink. 

NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
tions 5003 and 5008, Public Resources Code. 

History 

1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35). 

2. Change without regulatory effect renumbering former sections 4613.1^613.5 
to new subsections 4613 (a)-(e), respectively, with amendments, filed 6-18-96 
pursuant to section 100, title 1, California Codeof Regulafions (Register 96, No. 

25). 



§ 4613.6. Dogs and Pets. 

NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
tions 5003 and 5008, Public Resources Code. 

History 

1. New section filed 6-5-91; operative 7-5-91 (Register 91, No. 35). 

2. Change without regulatory effect repealing secrion filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 



Chapter 7. Aquatic and Boating 

§ 4650. Swimming. 

No person shall swiin in areas prohibited for swimming. Such areas 
shall be designated by the posting of notices. 

NOTE; Authority cited: Section 5003, Pubhc Resources Code. Reference: Section 
5008, Public Resources Code. 

History 
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

§ 4651 . Swimming Areas. 

No person shall operate any boat or ride, pull or tow any aquaplane or 
water-ski or any other device within any designated swimming area or 
within fifty (50) feet of the existing boundary of any designated swim- 
ming area or boundaries which are marked by buoys placed fifty (50) feet 
apart and the area posted on shore by signs. 

NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

§ 4652. Floating Devices. 

No person shall use, operate, or bring into an open zone, floating de- 
vices such as rubber crafts, surfboards, surfmats, buoys, kites, exper- 
imental crafts, or any other floating device other than those approved 
boats, aquaplanes or water-skis and related equipment. The Department 
may permit the use of certain unauthorized floating devices in open zones 
on occasions where traffic is such as to render them safe and during spe- 
cial events, games, tests, or experiments. 

NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Secfion 
5008, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effecfive thirtieth day thereafter (Register 86, No. 

5). 

§ 4653. False Drowning Alarm. 

No person shall give or transmit a false signal or a false alarm of 

drowning in any manner or mode. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 
1. New NOTE filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

§ 4654. Surf-Riding. 

No person shall engage in surf-riding in an area where so prohibited 
and posted. 

NOTE; Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect amending secfion filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4656. Diving. 

No person shall dive in any unit of the State Park System. As used in 
this section, dive means to plunge from any height, especially, but not 
limited to, head first into water. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 
1. Amendment filed 1-28-86; effecfive thirtieth day thereafter (Register 86, No. 

5). 



Page 461 



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§4657 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



2. Amendment filed 6-5-91 ; operative 7-5-91 (Register 91, No. 35). 

§ 4657. Launching Areas. 

No person shall launch or beach a boat or weigh anchor or cast off 
wiien the Department has by posting an order prohibiting the same. Such 
orders shall prescribe the time and area in which effective. 
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

2. Change without regulatory effect amending section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4658. Boat Speed Limits. 

No person shall operate a boat in a unit at speeds in excess of that 
posted. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 

2. Change without regulatory effect amending section filed 6-18-96 pursuant to 
section 100, title 1, California Code of Regulations (Register 96, No. 25). 

§ 4659. Operating Boats During Nighttime. 

Where night boating is authorized, no person shall operate a boat at 
speeds in excess of five (5) nautical miles per hour. 
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1. New NOTE filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

§ 4660. Vessels. 

(a) No person shall beach, land, launch, moor, dock or berth a vessel, 
boat, or any other object overnight except in areas so designated and 
posted by the area manager. 

(b) The Department may, by posting of an order, specify locations, 
conditions, and limitations for the beaching, landing, launching, moor- 
ing, docking, or berthing of a vessel, boat, or any other object. No such 
posting of notice shall apply until signs or markings giving notice thereof 
have been placed. 

(c) Beached or abandoned vessels, boats, or any other objects are to be 
removed by the registered owner from Departmental property within 
twenty-four (24) hours of notification. The last registered owner of re- 
cord is responsible and is thereby liable for the cost of removal and dispo- 
sition of the vessel, boat, or other object beached or abandoned. 
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
tions 5005.6 and 5008, Public Resources Code. 

History 
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

§ 4661 . Disposal of Waste from Boats. 

Any boat must be so constructed or equipped that all wastes, including 
but not limited to shower water and human waste, are discharged into a 
holding tank. Such wastes shall only be discharged in onshore disposal 
facilities. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

§ 4662. Inspections. 

(a) A State Park Peace Officer or Peace officer with concurrent juris- 
diction may inspect any vessel or boat at any time for comphance with 
all applicable laws, rules, and/or regulations. Any person who refuses to 



allow such inspection shall immediately remove his/her vessel from the 
waters of the state park system. 

(b) No boat shall remain launched or in continuous use in the state park 
system for inore than 30 days except by concession granted. 
NoTE: Authority cited: Section 5003. Public Resources Code. Reference: Sec- 
tions 5001.96 and 5008, Public Resources Code. 

History 

1 . Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 
21). 

2. Amendment of NOTE filed 1-28-86; effective thirtieth day thereafter (Register 
86, No. 5). 

3. Change without regulatory effect amending subsection (a) and repealing sub- 
section (b), with subsection relettering, filed 6-18-96 pursuant to section 100, 
title 1, (California Code of Regulations (Register 96, No. 25). 

§ 4663. Erection of Tent. 

NotE; Authority cited: Section 5003, Public Resources Code. Reference: Secfion 
5008, Public Resources Code. 

History 

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5).. 

2. Change without regulatory effect renumbering former secfion 4663 to new sub- 
section 4323(c) filed 6-18-96 pursuant to secfion 100, Utle 1, California Code 
of Regulations (Register 96, No. 25). 

§ 4664. Underwater Activities. 

No person shall: 

(a) Enter an underwater park unit or scenic or scientific reserve other 
than through an established water entry point. 

(b) As used in this section, underwater activities shall mean engaging 
in activities beneath the surface of the water. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
fions 5008, 5019.50 and 5019.53, Public Resources Code. 

History 

1 . Amendment of NOTE filed 1-28-86; effecfive thirtieth day thereafter (Register 
86, No. 5). 

2. Change without regulatory effect repealing subsections (a), (b) and (e), subsec- 
tion relettering, and amendment of newly designated subsections (a) and (b) 
filed 6-18-96 pursuant to section 100, title 1, California Code of Regulations 
(Register 96, No. 25). 

§ 4665. Power-Driven Vessel Operator. 

NOTE; Authority cited: Secfion 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 

1 . Repealer of Section 4665 filed 5-25-79; effecfive thirtieth day thereafter (Reg- 
ister 79, No. 21). 

2. Editorial correcfion reprinfing Secfion 4665 heading which was inadvertently 
deleted in a prior register (Register 86, No. 5). 



Chapter 8. Winter Sports 

§ 4700. Runaway Snow Skis. 

No person shall engage in downhill snow skiing in a state park without 
an Arlberg strap, long thong, a nylon cord, or adequate device to prevent 
runaway skis. 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5008, Public Resources Code. 

History 
1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

§ 4701 . Designated Winter Sports Areas. 

No person shall use or operate a toboggan, sled, tow rope, snow disc, 
or vehicle adapted to travel in or over snow, or ski, or construct, use, or 
operate a ski Uft or tramway or machinery incidental to any of the forego- 
ing, except in areas as designated by the Department. 
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Secfion 
5008, Public Resources Code. 

History 
1. Amendment filed 1-28-86; effecfive thirtieth day thereafter (Register 86, No. 

5). 



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§4730 



Chapter 9. Selection Process for Private 

Architectural, Landscape Architectural, 

Engineering, Environmental, Land Surveying 

and Construction Project Management Firms 

§ 4725. Definitions. 

(a) "Firm'" means any individual, firm, partnership, corporation, asso- 
ciation, or other legal entity permitted by law to practice the professions 
of architecture, landscape architecture, engineering, environmental ser- 
vices, land surveying or construction project management. 

(b) "Small Business" means a firm that complies with the provisions 
of Government Code Section 14837. 

(c) "Director" means the Director of the Department of Parks and Rec- 
reation or the Director's designee authorized to act on his or her behalf. 

(d) "Department" means the Department of Parks and Recreation. 

(e) "Architectural, landscape architectural, engineering, environmen- 
tal, land surveying services" and "construction project management" 
means those services, as defined in Section 4525 of the Government 
Code. 

(f) The terms "minority business enterprise" and "women business en- 
terprise" shall have the respective meanings set forth in Section 10115.1 
of the Public Contract Code. 

(g) The term "disabled veteran business enterprise" shall have the 
meaning set forth in Section 999 of the Military and Veterans Code. 
NOTE: Authority cited: Section 4526, Government Code. Reference: Sections 
4525 and 4526, Government Code. 

History 
1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15). 

§ 4726. Selection Criteria. 

The Director shall utilize selection criteria for each proposed project 
which will comprise the basis for the selection of eligible firms to per- 
form the required services. The criteria are to include such factors as: 

(a) Professional experience of the firm in performing services of simi- 
lar nature. 

(b) Quality and relevance of recently completed or ongoing work. 

(c) Reliability, continuity, and location of firm to the project site. 

(d) Staffing capability. 

(e) Education and experience of key personnel to be assigned. 

(f) Knowledge of applicable regulations and technology associated 
with the services required. 

(g) Specialized experience of the firm in the services to be performed, 
(h) Participation as small business firm. 

(i) Other factors the Director deems relevant to the specific task to be 
performed. 

These factors shall be weighed by the Director according to the nature 
of the proposed project, the complexity and special requirements of the 
specific services, and the needs of the Department. 

NOTE: Authority cited: Section 4526, Government Code. Reference: Sections 
4526, 4527 and 4529.5, Government Code. 

History 
1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15). 



§ 4727. Announcement of Project. 

(a) A statewide announcement of each proposed project shall be pub- 
lished in the California State Contracts Register, in accordance with the 
Government Code (commencing with Section 14825), and in the publi- 
cations of the respective professional societies. Failure of any profes- 
sional society to publish the announcement shall not invalidate any con- 
tract. 

(b) The announcement for each proposed project shall include, at a 
minimum, a brief description of the services required, location, duration, 
eligibility and preferences, submittal requirements, contact person for 



the Department, and the final response date for receipt of statements from 
firms of their demonstrated competence and professional qualifications. 
(c) The Director shall identify potentially qualified small business 
firms interested in contracting with the Department, and shall provide co- 
pies of project announcements to those small business firms that have in- 
dicated an interest in receiving the announcements. Failure of the Direc- 
tor to send a copy of an announcement to any firm shall not invalidate any 
contract. 

NOTE: Authority cited: Section 4526, Government Code. References: Sections 
4526 and 4527, Government Code. 

History 
1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15). 

§ 4728. Selection of Qualified Firms. 

(a) After the expiration of the final response date in the published proj- 
ect announcement, the Director shall review and evaluate the written 
statements of demonstrated competence and professional qualifications 
using the selection criteria contained in Section 4726, and rank, in order 
of preference, the firms determined as eligible to perform the required 
services. 

(b) The Director shall conduct discussions with at least the three most 
eligible firms, or a lesser number if fewer than three eligible firms have 
responded, about anticipated concepts and the benefit of alternative 
methods for furnishing the required services. From the firms with which 
discussions are held, the Director shall select, in order of preference, not 
less than three firms, or lesser number if fewer than three eligible firms 
responded, deemed to be the most highly qualified to perform the re- 
quired services. 

NOTE: Authority cited: Section 4526, Government Code. Reference: Sections 
4526 and 4527, Government Code. 

History 
1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15). 

§ 4729. Estimate of Value of Services. 

(a) Before entering into discussion with any firm selected pursuant to 
Section 4728, the Director shall direct the Department staff to prepare an 
eSrirnate of the value of the proposed project, based upon accepted rates 
for comparable services. The estimate will serve as a guide in determin- 
ing fair and reasonable compensation in the negotiation of a satisfactory 
contract in accordance with the provisions of Section 4731, and shall not 
be disclosed until award of the contract or abandonment of the negoti- 
ation process for the services to which it relates. 

(b) At any time the Director determines the Department's estimate to 
be unrealistic for any reason, the Director shall require the estimate to be 
reevaluated and, if deemed necessary, modified. 

Note: Authority cited: Section 4526, Government Code. References: Sections 
4526 and 4528, Government Code. 

History 

1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15). 

§ 4730. statewide Participation Goals. 

In the negotiation of a satisfactory contract as provided in Section 
4731, the best qualified firm must meet the statewide participation goals 
for disabled veteran, minority and women business enterprises of not less 
than 3 percent for disabled veteran business enterprises, not less than 15 
percent for minority business enterprises, and not less than 5 percent for 
women business enterprises, or demonstrate that a good faith effort was 
made to meet them. The best qualified firm shall comply with the state- 
wide paiticipafion goals as required by the regulations contained in Title 

2, California Code of Regulafions, Sections 1896.61-1896.67 and 
1896.90-1896.96. 

NOTE: Authority cited: Section 4526, Government Code; Section 1 01 15.3, Public 
Contract Code; and Section 999.5, Military and Veterans Code. References: Sec- 
tion 4528, Government Code; Sections 10115, 10115.1, 10115.2 and 10115.3, 
Public Contract Code; and Sections 999, 999.1, 999.2, 999.3, 999.4 and 999.5, 
Military and Veterans Code. 

History 

1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15). 



Page 462.1 



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BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



§4731. Negotiation. 

(a) From among the firms selected in Section 4728, as most highly qu- 
alified to perform the services required, the Director shall attempt to ne- 
gotiate a satisfactory contract with the best qualified firm at a compensa- 
tion which the Department determines is fair and reasonable. 

(b) If the Director is unable to negotiate a satisfactory contract with the 
best qualified firm at a compensation which the Department determines 
is fair and reasonable, negotiations with that firm shall be terminated and 
negotiations undertaken with the second best qualified firm. If unable to 
negotiate a satisfactory contract with the second best qualified firm at a 
compensation which the Department determines is fair and reasonable, 
negotiations with that firm shall be terminated and negotiations under- 
taken with the third best qualified firm. If unable to negotiate a satisfacto- 
ry contract with the third best qualified firm at a compensation which the 
Department determines is fair and reasonable, negotiations with that firm 
shall be terminated. 

(c) Where the Director is unable to negotiate a satisfactory contract in 
accordance with subsections (a) and (b), the Director shall continue the 
negotiations process with the remaining qualified firms, if any, in order 
of preference, until a satisfactory contract is reached. If unable to negoti- 
ate a satisfactory contract with any of the qualified firms, the Director 
shall abandon the negotiation process for the required services. 
NOTE: Authority cited: Section 4526, Government Code. References: Sections 
4527 and 4528, Government Code. 

History 

] . New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15). 

§ 4732. Amendments. 

Where the Director determines that a change in the contract is neces- 
sary during the performance of the services, the parties may, by mutual 
consent, in writing, agree to modifications, additions or deletions in the 
general terms, conditions and specifications for the services involved, 
with a reasonable adjustment in the firm's compensation. 

NOTE: Authority cited: Section 4526, Government Code. References: Sections 
4526 and 4528, Government Code. 

History 

1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15). 

§ 4733. Contracting in Phases. 

Where the Director determines it is necessary or desirable for a project 
to be performed in separate phases, the Director may negotiate a partial 
compensation for the initial phase of the services required; provided, 
however, the Director first determines that the firm selected is best quali- 
fied to perform the entire project. The contract shall include a provision 
that the Department may, at its option, utilize the firm to perform other 
phases of the services at a compensation which the Department deter- 
mines is fair and reasonable, to be later negotiated and included in a mu- 
tual written agreement. In the event that the Department exercises its op- 
tion under the contract to utilize the firm to perform other phases of the 
project, the procedures of this Chapter, regarding estimates of value of 
services and negotiation shall be followed. 

NOTE: Authority cited: Section 4526, Government Code. References: Sections 
4526 and 4528, Government Code. 

History 
1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15). 

§ 4734. Director's Power to Require Bids. 

If the Director determines that the services are technical in nature and 
involve little professional judgment and that requiring bids would be in 
the public interest, a contract shall be awarded on the basis of competitive 
bids and not the procedures of this Chapter. 

NOTE: Authority cited: Section 4526, Government Code. References: Section 
4529, Government Code. 

History 
1. New section filed 3-31-92; operafive 4-30-92 (Register 92, No. 15). 

§ 4735. Unlawful Considerations. 

Each contract shall include a provision by which the firm warrants that 
the contract was not obtained or secured through rebates, kickbacks or 



other unlawful considerations either promised or paid to any Department 
employee. Failure to adhere to this warranty may be cause for contract 
termination and recovery of damages under the rights and remedies due 
the Department under the default provision of the contract. 
NOTE: Authority cited: Section 4526, Government Code. References: Secfion 
4526, Government Code. 

History 
1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15). 

§ 4736. Prohibited Relationships. 

No Department employee who participates in the evaluation or selec- 
tion process leading to award of a contract shall have a relationship with 
any of the firms seeking that contract, if that relationship is subject to the 
prohibition of Government Code Section 87100. 

NOTE: Authority cited: Section 4526, Government Code. References: Sections 
4526, 87100 and 87102, Government Code. 

History 
1. New section filed 3-31-92; operative 4-30-92 (Register 92, No. 15). 



Chapter 10. Classification of Park Units 

§ 4751 . State Parks. 

In the interest of the public, the following units in the State Park Sys- 
tem are classified in the category of State Parks, as provided in Section 
5019.53 of the Public Resources Code, provided, however, that there is 
reserved the power to repeal, amend or modify this section as may from 
time to time hereafter be necessary and proper: 

Ahjumawi Lava Springs State Park 

Andrew Molera State Park 

Angel Island State Park 

Annadel State Park 

Anza-Borrego Desert State Park 

Big Basin Redwoods State Park 

Border Field State Park 

Bothe-Napa Valley State Park 

Burton Creek State Park 

Butano State Park 

Calaveras Big Trees State Park 

Castle Crags State Park 

Castle Rock State Park 

Caswell Memorial State Park 

China Camp State Park 

Chino Hills State Park 

Clear Lake State Park 

Crystal Cove State Park 

Cuyamaca Rancho State Park 

D. L. Bliss State Park 

Del Norte Coast Redwoods State Park 

Donner Memorial State Park 

Emerald Bay State Park 

Forest of Nisene Marks State Park, The 

Fremont Peak State Park 

Gaviota State Park 

Grizzly Creek Redwoods State Park 

Grover Hot Springs State Park 

Hendy Woods State Park 

Henry Cowell Redwoods State Park 

Henry W. Coe State Park 

Humboldt Lagoons State Park 

Humboldt Redwoods State Park 

Jedediah Smith Redwoods State Park 

Julia Pfeiffer Bums State Park 

MacKerricher State Park 

Malibu Creek State Park 

McArthur-Bumey Falls Memorial State Park 

Mendocino Headlands State Park 

Montana de Oro State Park 



Page 462.2 



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Title 14 



Department of Parks and Recreation 



§4753 



Morro Bay State Park 

Mount Diablo State Park 

Mount San Jacinto State Park 

Mount Tamalpais State Park 

Palomar Mountain State Park 

Patrick's Point State Park 

Pfeiffer Big Sur State Park 

Placerita Canyon State Park 

Plumas-Eureka State Park 

Point Mugu State Park 

Portola State Park 

Prairie Creek Redwoods State Park 

Red Rock Canyon State Park 

Riciiardson Grove State Park 

Robert Louis Stevenson State Park 

Russian Gulch State Park 

Saddleback Butte State Park 

Salt Point State Park 

Samuel P. Taylor State Park 

San Bruno Mountain State Park 

Sinkyone Wilderness State Park 

Sugar Pine Point State Park 

Sugarloaf Ridge State Park 

Tomales Bay State Park 

Topanga State Park 

Van Damme State Park 
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
tions 5019.50 and 5019.53, Public Resources Code. 

History 

1 . Amendment filed 1 2-] 7-74; effective thirtieth day thereafter (Register 74, No. 
51). For prior history, see Register 74, No. 31. 

2. Amendment filed 5-5-76; effective thirtieth day thereafter (Register 76, No. 
19). 

3. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 
21). 

4. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

§ 4752. State Reserves. 

In the interest of the pubhc, the following units in the State Park Sys- 
tem are classified in the category of State Reserves, as provided in Sec- 
tion 5019.65 of the Public Resources Code, provided, however, that there 
is reserved the power to repeal, amend, or modify this section as may 
from time to time hereafter be necessary and proper: 

Armstrong Redwoods State Reserve 

Ano Nuevo State Reserve 

Antelope Valley California Poppy Reserve 



Azalea State Reserve 

Caspar Headlands State Reserve 

John Little State Reserve 

Jug Handle State Reserve 

Knowland State Arboretum and Park 

Kruse Rhododendron State Reserve 

Los Angeles State and County Arboretum 

Los Osos Oaks State Reserve 

Mailliard Redwoods State Reserve 

Mono Lake Tufa State Reserve 

Montgomery Woods State Reserve 

Point Lobos State Reserve 

Smithe Redwoods State Reserve 

Torrey Pines State Reserve 

Tule Elk State Reserve 
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
tions 5019.50 and 5019.65, Public Resources Code. 

History 

1. Amendment filed 5-6-77; effective thirtieth day thereafter (Register 77, No. 
19). For prior history, see Register 77, No. 2. 

2. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 
21). 

3. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 

§ 4753. State Recreation Units. 

In the interest of the public the units listed below in the State Park Sys- 
tem and the State Vehicular Recreation Area and Trail System are classi- 
fied in the categories named, as provided in Section 501 9.56 of the Public 
Resources Code, provided, however, that there is reserved the power to 
repeal, amend, or modify this section as may from time to time hereafter 
be necessary and proper: 

(a) State Recreation Areas. 

Admiral William Standley State Recreation Area 

Auburn State Recreation Area 

Austin Creek State Recreation Area 

Baldwin Hills State Recreation Area 

Benbow Lake State Recreation Area 

Benicia State Recreation Area 

Bethany Reservoir State Recreation Area 

Brannan Island State Recreation Area 

Candlestick Point State Recreation Area 

Castaic Lake State Recreation Area 

Colusa-Sacramento River State Recreation Area 

Durham Ferry State Recreation Area 

Exposition Multi-Cultural Center State Recreation Area 

Folsom Lake State Recreation Area 



[The next page is 463.] 



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Register 96, No. 25; 6-21-96 



Title 14 



Department of Parks and Recreation 



§4754 



Franks Tract State Recreation Area 
Fremont Ford State Recreation Area 
George H. Hatfield State Recreation Area 
Harry A. Merlo State Recreation Area 
Kings Beach State Recreation Area 
Lake Del Valle State Recreation Area 
Lake Elsinore State Recreation Area 
Lake Oroville State Recreation Area 
Lake Ferris State Recreation Area 
McConnell State Recreation Area 
Millerton Lake State Recreation Area 
Otterbein State Recreation Area 
Picacho State Recreation Area 
Providence Mountains State Recreation Area 
Pyramid Lake State Recreation Area 
Salton Sea State Recreation Area 

San Luis Reservoir State Recreation Area (including Los Bancs 
Creek) 

Silverwood Lake State Recreation Area 

Standish-Hickey State Recreation Area 

Tahoe State Recreation Area (including William B. Layton Park) 

Turlock Lake State Recreation Area 

Willowbrook State Recreation Area 

Woodson Bridge State Recreation Area 

(b) Underwater Recreation Areas. (Reserved) 

(c) State Beaches. 
Asilomar State Beach 
Atascadero State Beach 
Avila State Beach 

Bean Hollow State Beach 
Bolsa Chica State Beach 
Cardiff State Beach 
Carlsbad State Beach 
Carmel River State Beach 
Carpinteria State Beach 
Caspar Headlands State Beach 
Cayucos State Beach 
Corona del Mar State Beach 
Dan Blocker State Beach 
Dockweiler State Beach 
Doheny State Beach 
El Capitan State Beach 
El Matador State Beach 
El Pescador State Beach 
Emma Wood State Beach 
Gray Whale Cove State Beach 
Half Moon Bay State Beach 
Huntington State Beach 
La Piedra State Beach 
Las Tunas State Beach 
Leo Carrillo State Beach 
Leucadia State Beach 
Lighthouse Field State Beach 
Little River State Beach 
Malibu Lagoon State Beach 
Manchester State Beach 
Mandalay State Beach 
Manhattan State Beach 
Manresa State Beach 
McGrath State Beach 
Montara State Beach 
Monterey State Beach 
Moonlight State Beach 
Morro Strand State Beach 
Moss Landing State Beach 
Natural Bridges State Beach 



New Brighton State Beach 

Oxnard State Beach 

Pelican State Beach 

Pescadero State Beach 

Pismo State Beach 

Point Dume State Beach 

Point Sal State Beach 

Pomponio State Beach 

Redondo State Beach 

Refugio State Beach 

Robert W. Crown Memorial State Beach 

Royal Palms State Beach 

Salinas River State Beach 

San Buenaventura State Beach 

San Clemente State Beach 

San Elijo State Beach 

San Gregorio State Beach 

San Onofre State Beach 

San Simeon State Beach 

Santa Monica State Beach (including Pacific Ocean Park) 

Seacliff State Beach 

Silver Strand State Beach 

Sonoma Coast State Beach 

South Carlsbad State Beach 

Sunset State Beach 

Thornton State Beach 

Topanga State Beach 

Torrey Pines State Beach 

Trinidad State Beach 

Twin Lakes State Beach 

Westport-Union Landing State Beach 

Will Rogers State Beach 

William Randolph Hearst Memorial State Beach 

Zmudowski State Beach 

(d) Wayside Campgrounds 

Paul M. Dimmick Wayside Campground 
Reynolds Wayside Campground 

(e) State Vehicular Recreation Areas. 
Carnegie State Vehicular Recreation Area 
Clay Pit State Vehicular Recreation Area 
HoUister Hills State Vehicular Recreation Area 
Hungry Valley State Vehicular Recreation Area 
Ocotillo Wells State Vehicular Recreation Area 
Pismo Dunes State Vehicular Recreation Area 

(f) State Urban Recreation Areas 
Seccombe Lake State Urban Recreation Area 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5019.56, Public Resources Code. 

History 

1. Amendment filed 5-5-76; effective thirtieth day thereafter (Register 76, No. 
19). For prior history, see Register 75, No. 33. 

2. Amendment of subsection (a) filed 1-7-77; effective thirtieth day thereafter 
(Register 77, No. 2). 

3. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 

21). 

4. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 



§ 4754. Historical Units. 

In the interest of the public, the following units in the State Park Sys- 
tem are classified in the category of Historical Units, as provided in Sec- 
tion 5019.59 of the Public Resources Code, provided, however, that there 
is reserved the power to repeal, amend, or modify this section as may 
from time to time hereafter be necessary and proper: 

Bale Grist Mill State Historic Park 

Benicia Capitol State Historic Park 



Page 463 



(4-1-90) 



§4755 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



Bidwell Mansion Slate Historic Park 

Bodie State Historic Park 

California Citrus State Historic Park 

Chumasii Painted Cave Historic Park 

Colonel Allensworth State Historic Park 

Columbia State Historic Park 

El Presidio de Santa Barbara State Historic Park 

El Pueblo de Los Angeles State Historic Park 

Empire Mine State Historic Park 

Fort Humboldt State Historic Park 

Fort Ross State Historic Park 

Fort Tejon State Historic Park 

Governor's Mansion 

Hearst San Simeon State Historical Monument 

Indian Grinding Rock State Historic Park 

Jack London State Historic Park 

La Purisima Mission State Historic Park 

Los Encinos State Historic Park 

Malakoff Diggins State Historic Park 

Marshal Gold Discovery State Historic Park 

Monterey State Historic Park 

Old Sacramento State Historic Park 

Old Town San Diego State Historic Park 

Olompali State Historic Park State Historic Park 

Petal uma Adobe State Historic Park 

Pio Pico State Historic Park 

Railtown 1897 State Historic Park 

San Juan Bautista State Historic Park 

San Pasqual Battlefield State Historic Park 

Santa Cruz Mission State Historic Park 

Shasta State Historic Park 

Sonoma State Historic Park 

Stanford House State Historic Park 

State Indian Museum 

Sutter's Fort State Historic Park 

Wassama Round House State Historic Park 

Watts Towers of Simon Rodia State Historic Park 

Weaverville Joss House State Historic Park 

Will Rogers State Historic Park 

William B. Ide Adobe State Historic Park 

Woodland Opera House State Historic Park 
NoTE; Authority cited: Section 5003, Public Resources Code. Reference: Sec- 
tions 5019.59 and 5019.71, Public Resources Code. 

History 

1. Amendment filed 5-5-76; effective thirtieth day thereafter (Register 76, No. 
19). For prior history, see Register 74, No. 51. 

2. Amendment filed 1 -7-77; effective thirtieth day thereafter (Register 77, No. 2). 

3. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 
21). 

4. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 
5). 



§ 4755. State Wildernesses. 

In the interest of the public, the units of the State Park System listed 
below are classified in the category of State Wilderness as provided in 
Section 5019.68 of the Public Resources Code provided, however, that 
there is reserved the power to repeal, amend, or modify this section as 
may from time to time hereafter be necessary and proper: 

Anza-Borrego Desert State Wilderness 

Boney Mountain State Wilderness 

Cuyamaca Mountains State Wilderness 

Mount San Jacinto State Wilderness 

Santa Rosa Mountains State Wilderness 

West Waddell Creek State Wilderness 
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5019.68, Public Resources Code. 



History 

1 . New section filed 3-15-74; effective thirtieth day thereafter (Register 74, No. 
] ] ). For iiistory of former section, see Register 72, No. 50. 

2. Amendment filed 1-28-86; effective thirtieth day thereafter (Reeister 86, No. 

5). 

§ 4756. State Beaches. 

History 

1. Amendment filed 12-3-71: effective thirtieth day thereafter (Register 71, No. 
49). 

2. Repealer filed 12-8-72; effective thirtieth day thereafter (Register 72, No. 50). 

§ 4757. Wayside Campgrounds. 

History 
1 . Repealer filed 12-8-72; effective thirtieth day thereafter (Register 72, No. 50). 

§ 4758. Underwater Parks. 

History 

1. Repealer filed 12-8-72; effecfive thirtieth day thereafter (Register 72, No. 50). 

§ 4759. Natural Preserves. 

In the interest of the public the following units of the State Park System 
are classified in the category of natural preserves as provided in Section 
5019.71 of the Public Resources Code, provided that there is reserved the 
power to repeal, amend, or modify this section as may from time to time 
hereafter be necessary and proper: 

Anderson Island Natural Preserve 

Antone Meadows Natural Preserve 

Big Lagoon Forest Natural Preserve — East 

Big Lagoon Forest Natural Preserve — West 

Big Lagoon Forest Natural Preserve — South 

Burton Creek Natural Preserve 

Doane Valley Natural Preserve 

Edwin L. Z'berg Natural Preserve 

Ellen Browning Scripps Natural Preserve 

Hagen Canyon Natural Preserve 

Heron Rookery Natural Preserve 

Hungry Valley Oak Woodland Natural Preserve 

Kaslow Natural Preserve 

La JoUa Valley Natural Preserve 

Least Tern Natural Preserve 

Liberty Canyon Natural Preserve 

Los Penasquitos Marsh Natural Preserve 

Mitchell Caverns Natural Preserve 

Morro Rock Natural Preserve 

Natural Bridges Monarch Butterfly Natural Preserve 

Pescadero Marsh Natural Preserve 

Pismo Dunes Natural Preserve 

San Mateo Creek Wetlands Natural Preserve 

Santa Clara Estuary Natural Preserve 

Theodore J. Hoover Natural Preserve 

Udell Gorge Natural Preserve 

Wilder Beach Natural Preserve 

Woodson Bridge Natural Preserve 
NotE: Authority cited: Secfion 5003, Pubhc Resources Code. Reference: Section 
5019.71, Public Resources Code. 

History 

1 . Amendment filed 12-17-74; effective thirtieth day thereafter (Register 74, No. 
51). For prior history, see Register 74, No. 38. 

2. Amendment filed 8-15-75; effective thirtieth day thereafter (Register 75, No. 

33). 

3. Amendment filed 5-6-77; effective thirtieth day thereafter (Register 77, No. 
19). 

4. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 
21). 

5. Amendment filed 1-28-86; effecfive thirtieth day thereafter (Register 86, No. 
6). 

§ 4760. Cultural Preserves. 

In the interest of the public, the following units of the State Park Sys- 
tem are classified in the category of Cultural Preserves as provided in 



Page 464 



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§4851 



Section 501 9.74 of the Public Resources Code provided that there is re- 
served the power to repeal, amend, or modify this section as may from 
time to time hereafter be necessary and proper: 

Ah-ha-kwe-ah-mac/Stonewall Mine Cultural Preserve 

Barrel Springs Cultural Preserve 

Cuish-Cuish Cultural Preserve (East Mesa) 

Freeman Canyon Cultural Preserve 

Gorman Cultural Preserve 

Kechaye Cultural Preserve 

Kumeyaay Soapstone Cultural Preserve 

Pilicha Cultural Preserve (West Mesa) 

Tataviam Cultural Preserve 

Wilder Dairy Cultural Preserve 
NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
5019.74, Public Resources Code. 

History 

1 . New section filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 

5). 



Chapter 1 1 . Department of Parks and 
Recreation — Conflict of Interest Code 

NOTE: It having been found, pursuant to Government Code Sec- 
tion 1 1409(a), that the printing of the regulations constituting the Con- 
flict of Interest Code is impractical and these regulations being of limited 
and particular application, these regulations are not published in full in 
the California Code of Regulations. The regulations are available to the 
public for review or purchase at cost at the following locations: 

DEPARTMENT OF PARKS AND RECREATION 
1416 NINTH STREET, 14TH FLOOR 
SACRAMENTO, CA 95814 

FAIR POLITICAL PRACTICES COMMISSION 
HOOK STREET 
SACRAMENTO, CA 95814 

ARCHIVES 

SECRETARY OF STATE 

1020 "O" STREET 

SACRAMENTO, CALIFORNIA 95814 

The Conflict of Interest Code is designated as Chapter 11, Division 3 
of Title 1 4 of the California Code of Regulations, and consists of sections 
numbered and tided as follows: 



Chapter 1 1 . Department of Parks and Recreation 
— Conflict of Interest Code 



Section 
4800. 



General Provisions 

Appendix 
NOTE: Authority cited: Sections 87300 and 87304, Government Code. Reference: 
Section 87300, Government Code. 

History 

1. New Chapter 11 (Articles 1-6, Sections 4800-4865, not consecutive) filed 
7-8-77; effective thirtieth day thereafter. Approved by Fair Political Practices 
Commission 2-16-77 (Register 77, No. 28). For former Chapter 11, see Regis- 
ter 75, No. 33. 

2. Repealer of Chapter 1 1 (Articles 1-7, Sections 4800-4865, Appendices A and 
B) and new Chapter 1 1 (Section 4800 and Appendix) filed 2-26-81; effective 
thirtieth day thereafter. Approved by Fair Political Practices Commission 
12-1-80 (Register 81, No. 9). 

3. Repealer of section and Appendix and new section and Appendix filed 
2-2-2000; operative 3-3-2000. Approved by Fair Political Practices Commis- 
sion 12-16-99 (Register 2000, No. 5). 



Chapter 11.5. California Register of 
Historical Resources 

§ 4850. Authority. 

On September 27, 1 992, Assembly Bill 288 1 (Statutes of 1 992, Chap- 
ter 1075) was signed into law amending the Public Resources Code as it 
affects historical resources. This legislation, which became effective on 



January 1, 1993, also created the California Register of Historical Re- 
sources, henceforth the California Register. 

Note: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources 
Code. Reference: Sections 5020.1, 5020.4, 5020.7, 5024.1 , 5024.5, 5024.6, 21084 
and 21084.1, Public Resources Code. 

History 

1. New chapter 11.5 (sections 4850-4858 and appendix) and section filed 
12-2-97; operative 1-1-98 (Register 97, No. 49). 

§4850.1. Purpose. 

The California Register is an authoritative listing and guide to be used 
by state and local agencies, private groups, and citizens in identifying the 
existing historical resources of the state and to indicate which resources 
deserve to be protected, to the extent prudent and feasible, from substan- 
tial adverse change. 

Definitions are found in Appendix A, "A Glossary of Terms", of this 
chapter. 

NOTE: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources 
Code. Reference: Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 
and 21084.1, Public Resources Code. 

History 
1. New section filed 12-2-97; operative 1-1-98 (Register 97, No. 49). 

§ 4851 . Historical Resources Eligible for Listing in the 
California Register of Historical Resources. 

The California Register consists of historical resources that are: (a) 
listed automatically; (b) listed following procedures and criteria adopted 
by the State Historical Resources Commission, henceforth the Commis- 
sion; and (c) nominated by an application and listed after a public hearing 
process. 

(a) Historical resources automatically listed in the California Register 
include the following pursuant to California Public Resources Code Sec- 
tion 5024.1(d)(1) and (2): 

(1 ) California historical resources listed in, or formerly determined eli- 
gible for, the National Register of Historic Places, henceforth the Nation- 
al Register. "Formally determined eligible" for the purpose of this sec- 
tion means determined eligible through one of the federal preservation 
programs administered by the California Office of Historic Preservation, 
henceforth the Office. Specifically, these programs are the National Reg- 
ister, Tax Certification (Evaluation of Significance, Part 1, 36 CFR Part 
67), and National Historic Preservation Act (Section 106, 16 U.S.C. 
470f) reviews of federal undertakings. 

(2) California Registered Historical Landmarks, henceforth Land- 
marks, from No. 770 onward. 

(3) Upon effective date of this chapter, the Office will notify owners 
by first class mail that as a result of listing or being formally determined 
eligible for listing in the National Register of Historic Places, and/or be- 
ing designated a California Registered Historical Landmark subsequent 
to, and including No. 770, the resource has been automatically placed in 
the California Register. The owner(s) will be advised of the criteria for 
listing in the California Register and procedures for removal found in 
Sections 4855 and 4856 of this chapter. Removal may be requested at any 
time, but must satisfy one of the criteria for removal as listed in Section 
4856(a) of this chapter. 

(b) Historical resources which require action by the State Historical 
Resources Commission to be listed in the California Register. The fol- 
lowing resources require review and action by the Commission prior to 
listing, but are not subject to the formal nomination and application pro- 
cedures described in Section 4851(c) of this chapter. 

(1) Landmarks with numbers preceding No. 770 pursuant to California 
Public Resources Code Section 5024. 1 (d)(2). Procedures for inclusion of 
landmarks preceding No. 770 in the California Register have not been 
adopted by the State Historical Resources Commission at the time of in- 
ception of this chapter. 

(2) California Points of Historical Interest, hereafter Points of Histori- 
cal Interest, pursuant to California Public Resources Code Section 
5024.1 (d)(3). Points of Historicallnterest, which have been reviewed by 
the Office and recommended for listing by the Commission, will be in- 
cluded in the California Register if the following conditions are met: 



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BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



(A) The resource meets the statutory criteria for the California Regis- 
ter; 

(B) A boundary is provided that clearly delineates the area of historic 
importance; 

(C) A list of contributing and noncontributing features is provided. 
Contributing features are those remaining from the resource's period of 
historic significance that retain integrity; and 

(D) The application is accompanied by the appropriate State Historical 
Resources Commission approved recordation form, such as the DPR 
Form 523-Historic Resources Inventory Form. 

Historical resource owners shall be notified of proposed Commission 
actions to nominate Points of Historical Interest to the California Register 
sixty (60) days prior to the Commission meeting at which a hearing is 
scheduled. 

The Office shall notify resource owners of time and location of the 
hearing. 

The Commission shall hear testimony regarding whether or not the cri- 
teria for listing a Point of Historical Interest in the California Register 
have been met. If the criteria for listing are met, the Commission shall 
recommend that the historical resource be made a Point of Interest lo the 
Director of the Department of Parks and Recreation. When the Director 
signs the nomination, the historical resource shall be listed as a Point of 
Historical Interest and listed in the California Register. 

(c) Historical resources which require nomination to be listed in the 
California Register pursuant to California Public Resources Code Sec- 
tion 5024. l(e)(l)-(5). Historical resources may be nominated to theCah- 
fomia Register by individuals, organizations, or government agencies. 

(1) An historical resource or historic district; 

(2) An historical resource contributing to the significance of a nomi- 
nated historic district; 

(3) A group of historical resources identified in historic resource sur- 
veys, if the survey meets the criteria and standards of documentation 
listed in Section 4852(e); 

(4) An historical resource, a group of historical resources, or historic 
districts designated or listed as city or county landmarks or historical re- 
sources or districts pursuant to any city or county ordinance, if the criteria 
for designation or listing under the ordinance have been reviewed by the 
Office as meeting the California Register criteria as stated in this chapter 
and approved by the Commission; or 

(5) An historical resource or a group of local landmarks or historical 
resources designated under any municipal or county ordinance which has 
not been previously approved by the Office. 

NOTE: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources 
Code. Reference: National Historic Preservation Act (NflPA) of 1966 (16 U.S.C. 
470a), as amended: National Environmental Policy Act (NEPA) of 1969 (42 
U.S.C. 4321-4347); Title 36, Parts 60, 63, 67 and 800, Code of Federal Regula- 
tions; and Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 
21084.1, Public Resources Code. 

History 
1. New section filed 12-2-97; operative 1-1-98 (Register 97, No. 49). 

§ 4852. Types of Historical Resources and Criteria for 

Listing in the California Register of Historical 
Resources. 

The criteria for listing historical resources in the California Register 
are consistent with those developed by the National Park Service for Hst- 
ing historical resources in the National Register, but have been modified 
for state use in order to include a range of historical resources which bet- 
ter reflect the history of California. Only resources which meet the crite- 
ria as set out below may be listed in or formally determined eligible for 
listing in the California Register. 

(a) Types of resources eligible for nomination: 

(1) Building. A resource, such as a house, bam, church, factory, hotel, 
or similar structure created principally to shelter or assist in carrying out 
any form of human activity. "Building" may also be used to refer to an 
historically and functionally related unit, such as a courthouse and jail or 
a house and barn; 



(2) Site. A site is the location of a significant event, a prehistoric or his- 
toric occupation or activity, or a building or structure, whether standing, 
ruined, or vanished, where the location itself possesses liistorical, cultur- 
al, orarcheological value regardless of the value of any existing building, 
structure, or object. A site need not be marked by physical remains if it 
is the location of a prehistoric event, and if no buildings, structures, or 
objects marked it at that time. Examples of such sites are trails, designed 
landscapes, battlefields, habitation sites, Native American ceremonial 
areas, petroglyphs, and pictographs; 

(3) Stmcture. The term "structure" is used to describe a construction 
made for a functional purpose rather than creating human shelter. Exam- 
ples of structures include mines, bridges, and tunnels; 

(4) Object. The term "object" is used to describe those constructions 
that are primarily artistic in nature or are relatively small in scale and sim- 
ply constructed, as opposed to a building or a structure. Although it may 
be moveable by nature or design, an object is associated with a specific 
setting or environment. Objects should be in a setting appropriate to their 
significant historic use, role, or character. Objects that are relocated to a 
museum are not eligible for listing in the California Register. Examples 
of objects include fountains, monuments, maritime resources, sculp- 
tures, and boundary markers; and 

(5) Historic district. Historic districts are unified geographic entities 
which contain a concentration of historic buildings, structures, objects, 
or sites united historically, culturally, or architecturally. Historic districts 
are defined by precise geographic boundaries. Therefore, districts with 
unusual boundaries require a description of what lies immediately out- 
side the area, in order to define the edge of the district an to explain the 
exclusion of adjoining areas. The district must meet at least one of the cri- 
teria for significance discussed in Section 4852(b)(l)-(4) of this chapter. 

Those individual resources contributing to the significance of the his- 
toric district will also be listed in the California Register. For this reason, 
all individual resources located within the boundaries of an historic dis- 
trict must be designated as either contributing or as noncontributing to the 
significance of the historic district. 

(b) Criteria for evaluating the significance of historical resources. An 
historical resource must be significant at the local, state, or national level 
under one or more of the following four criteria; 

(1) It is associated with events that have made a significant contribu- 
tion to the broad patterns of local or regional history, or the cultural heri- 
tage of California or the United States; 

(2) It is associated with the lives of persons important to local, Califor- 
nia, or national history; 

(3) It embodies the distinctive characteristics of a type, period, region, 
or method of construction, or represents the work of a master or possesses 
high artistic values; or 

(4) It has yielded, or has the potential to yield, information important 
to the prehistory or history of the local area, California, or the nation. 

(c) Integrity. Integrity is the authenticity of an historical resource's 
physical identity evidenced by the survival of characteristics that existed 
during the resource's period of significance. Historical resources eligible 
for hsling in the California Register must meet one of the criteria of sig- 
nificance described in section 4852(b) of this chapter and retain enough 
of their historic character or appearance to be recognizable as historical 
resources and to convey the reasons for their significance. Historical re- 
sources that have been rehabilitated or restored may be evaluated for list- 
ing. 

Integrity is evaluated with regard to the retention of location, design, 
setting, materials, workmanship, feeling, and association. It must also be 
judged with reference to the particular criteria under which a resource is 
proposed for eligibility. Alterations over time to a resource or historic 
changes in its use may themselves have historical, cultural, or architec- 
tural significance. 

It is possible that historical resources may not retain sufficient integri- 
ty to meet the criteria for listing in the National Register, but thy may still 
be eligible for listing in the California Register. A resource that has lost 



Page 466 



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Title 14 



Department of Parks and Recreation 



§4853 



its historic character or appearance may still have sufficient integrity for 
the California Register if it maintains the potential to yield significant 
scientific or historical information or specific data. 

(d) Special considerations: 

(1) Moved buildings, structures, or objects. The Commission encour- 
ages the retention of liistorical resources on site and discourages the non- 
historic grouping of historic buildings into parks or districts. However, 
it is recognized that moving an historic building, structure, or object is 
sometimes necessary to prevent its destruction. Therefore, a moved 
building, structure, or object that is otherwise eligible may be listed in the 
California Register if it was moved to prevent its demolition at its former 
location and if the new location is compatible with the original character 
and use of the historical resource. An historical resource should retain its 
historic features and compatibility in orientation, setting, and general en- 
vironment. 

(2) Historical resources achieving significance within the past fifty 
(50) years. In order to understand the historic importance of a resource, 
sufficient time must have passed to obtain a scholarly perspective on the 
events or individuals associated with the resource. A resource less than 
fifty (50) years old may be considered for listing in the California Regis- 
ter if it can be demonstrated that sufficient time has passed to understand 
its historical importance. 

(3) Reconstructed buildings. Reconstructed buildings are those build- 
ings not listed in the California Register under the criteria in Section 
4852(b)(1), (2), or (3) of this chapter. A reconstructed building less than 
fifty (50) years old may be eligible if it embodies traditional building 
methods and techniques that play an important role in a community's his- 
torically rooted beliefs, customs, and practices; e.g., a Native American 
roundhouse. 

(e) Historical resource surveys. Historical resources identified as sig- 
nificant in an historical resource survey may be listed in the California 
Register. In order to be listed, the survey must meet the following: (1) the 
resources meet the criteria of Section 4852(b)(])-(4) of this chapter; and 
(2) the survey documentation meets those standards of resource recorda- 
tion established by the Office in the "Instructions for Nominating Histori- 
cal Resources to the California Register" (August 1997), Appendix B. 

(1) The resources must be included in the State Historical Resources 
Inventory at the time of listing of the survey by the Commission. 

(2) The Office shall review all surveys to assure the standards of re- 
source recordafion, which can be found in the "Instructions for Nominat- 
ing Historical Resources to the CaUfomia Register" (August 1997), Ap- 
pendix B of this chapter, have been met. If the survey meets the standards, 
the Office shall recommend to the Commission that all resources with a 
significance rating of category 1 through 4, or any subcategories thereof, 
on DPR Form 523 be listed in the California Register. The Office shall 
review all category 5 determinations for consistency with the California 
Register criteria of significance as found in Section 4852(b) of this chap- 
ter. Office review will occur within sixty (60) days of receipt of the sur- 
vey. At the end of sixty (60) days, the Office will either: (1) forward the 
survey for consideration by the Commission or (2) request additional in- 
formation. 

The status codes, established to indicate eligibility to the National 
Register of Historic Places, have the following meanings: 

(A) Category 1 — Listed in the National Register of Historic Places; 

(B) Category 2 — Formally determined eligible for lisfing in the Na- 
tional Register; 

(C) Category 3 — Appears eligible for listing in the National Register; 

(D) Category 4 — Could become ehgible for hsting in the National 
Register; or 

(E) Category 5 — Locally significant. 

(3) If the results of the survey are five or more years old at the time of 
nomination, the documentation for a resource, or resources, must be up- 
dated prior to nominaUon to ensure the accuracy of the information. The 
statute creating the CaJifomia Register requires surveys over five (5) 
years old to be updated. 



(f) Historical resources designated under municipal or county ordi- 
nances. Historical resources designated under municipal or county ordi- 
nances which have the authority to restrict demolition or alteration of his- 
torical resources, where the criteria for designafion or listing have not 
been officially approved by the Office, may be nominated to the Califor- 
nia Register if, after review by Office staff, it is determined that the local 
designation meets the following criteria: 

(1) The ordinance provides for owner notification of the nomination 
of the resource for local liistorical resource designafion and an opportuni- 
ty for public comment. 

(2) The criteria for municipal or county historical resource designation 
consider the historical and/or architectural significance and integrity of 
the historical resource and require a legal description of the resource. 

(3) The designating authority issues findings or statements describing 
the basis of determinadon for designation. 

(4) The designation provides some measure of protecfion from ad- 
verse actions that could threaten the historical integrity of the historical 
resource. 

NOTE; Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources 
Code. Reference: Title 36, Part 60, Code of Federal Regulations; and Sections 
5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 21084.1, Public Re- 
sources Code. 

History 

1. New section filed 12-2-97; operative 1-1-98 (Register 97, No. 49). 

§ 4853. Application Format. 

Applicafions shall be submitted on: (1) DPR Form 523-Califomia 
Historic Resources Inventory Form, dated prior to January 1995; (2) 
DPR Form 422-Archeological Site Record, dated prior to January 1995; 
or (3) DPR Form 523 including supplemental forms DPR 523(c), (f), (g), 
(h), (i), ()), (k) and/or (/) dated prior to January 1995, as appropriate. In 
addition, the applicant shall submit a set of cleariy labeled photographs, 
as described in the OHP "Instrucfions for Nominating Historical Re- 
sources to the California Register" (August 1997), Appendix B, with the 
recordafion form. If historical resources are recorded after the effecfive 
date of this chapter, a DPR Form 523 must be used. In addition, the Com- 
mission may require other informafion for specific types of historical re- 
sources as listed in Section 4853 of this chapter. 

(a) General requirements. The requirements of Secfion 4853(a)(l)-(4) 
of this chapter shall apply to all historical resources which are nominated 
to the California Register: 

(1) The applicant shall use the inventory form which corresponds to 
the date of recordafion of the resource. The inventory form shall be ac- 
companied by a cover letter which includes the name of the applicant, the 
resource owner and local government with land-use control authority, 
hereafter local government, and a concise statement of significance. The 
statement of significance should clearly list the justificafion for the im- 
portance of the historical resource. 

(2) A sketch map shall be included, clearly showing the boundaries of 
the nominated resources, the footprint of all contributing and noncontrib- 
uting resources, a directional North arrow, and scale. Careful and accu- 
rate information shall be provided with sufficient detail to ensure that a 
legal description of the proposed historical resource may be recorded. 
These details may include the UTM coordinates marked on a secfion 
grid. United States Geological Survey maps, parcel nuraber(s), and legal- 
ly recorded boundary lines. Boundaries of sites with no material evidence 
of the significant event must be cleariy defined on the map on the basis 
of specific and definitive historical documentafion. 

(3) One or more color slides and black and white or color photos shall 
be provided to property document the historical resource. Color slides 
should provide a realistic overview of the historical resource in its setfing 
or detailed views of the historical resource itself, as appropriate. The 
Commission may require that the applicant provide photos of contribut- 
ing historical resources on surveys which are over five (5) years old. All 
photos should be labeled, including the date taken and a location of the 
image relative to the sketch map described above. 



Page 466.1 



Register 97, No. 49; 12-5-97 



§4854 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



(4) Primary numbers will be assigned by the Regional Information 
Center. The applicant shall provide a copy of the application to the Infor- 
mation Center which has responsibility for information regarding histori- 
cal resources for the county in which the resources are located (see Ap- 
pendix B) at the same time the application is submitted to the Office. The 
Office of Historic Preservation will assure primary numbers are as- 
signed. 

(b) Information Required for Historical Resources. 

(1) Individual nominated resources. A single completed DPR Form 
523 or Form 422 shall be submitted for each historical resource which is 
individually nominated. For resources recorded prior to the effective date 
of this chapter either a single completed DPR Form 523 or Form 422 shall 
be submitted for each historical resource which is individually nomi- 
nated. If the historical resource is recorded after the effective date of this 
chapter, a DPR Form 523 (dated January 1995) shall be submitted for 
each historical resource. 

(2) Historic districts. In the case of an historic district, the applicant 
shall complete one master form for the district as a whole, with an abbre- 
viated form for each contributing resource. A list of noncontributing re- 
sources is required and must be provided in the cover letter. Owner infor- 
mation for each resource must be provided in the cover letter. Slides of 
contributing historical resources and/or streetscapes shall be included. 
Black and white or color photographs of each contributing historical re- 
source and representative streetscape are required. 

(3) Archeological resources. Archeological resources will be consid- 
ered for nomination only after having been assigned a Site Trinomial 
Number by the appropriate Regional Information Center (see Appendix 
B). The Commission may require additional documentation to more ac- 
curately identify and define the site. Depending upon the date the re- 
source was recorded, the DPR Form 523 (dated January 1995) or Form 
422 must be accompanied by a statement of significance or research de- 
sign which explains why the resource qualifies for listing in the Califor- 
nia Register. 

(4) Historical resource survey. Historical resources which have recor- 
dation forms already on file in the inventory with the Office will not re- 
quire additional DPR Inventory Forms 523 (dated January 1995) unless 
the Commission requests re-evaluation or re-survey. A cover letter shall 
provide the owner and the local government information as described in 
Section 4853(a)(1) of this chapter, an overview of survey methodology 
to verify that the survey meets the standards discussed in Section 4852(e) 
of this chapter and adequate mapping showing all areas surveyed. 

(5) Historical resources and historic districts designated or listed as 
city or county landmarks, historic resources or districts pursuant to any 
city or county ordinance, and local landmarks and other resources desig- 
nated under municipal or county ordinances. 

DPR Form 523 shall be submitted for all local landmarks or locally 
designated historical resources that have not previously been docu- 
mented or do not have approved recordation forms on file with the Office. 
A cover letter shall be submitted, as described in Section 4853(a) of this 
chapter, and it must include information regarding resource ownership, 
local government, and a list of all resources included in the nomination. 
A copy of the ordinance or criteria for local designation must be sub- 
mitted with the application. Submitting a copy of the ordinance is re- 
quired whether the resource was designated under a local historic preser- 
vation ordinance, which may cover a group or category of historical 
resources, or under an ordinance or resolution designating only specific 
historical resource which is being nominated. 

NOTE: Authority cited: Sections 5020.4, 5024.1, 5024.5 and 5024.6, Public Re- 
sources Code. Reference: Section 27288.2, Government Code; and Sections 
5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 5029, 21084 and 21084.1, Public 
Resources Code. 

History 

1. New section fded 12-2-97; operative 1-1-98 (Register 97, No. 49). 

§ 4854. Application Procedures. 

(a) Ownership information. It is the responsibility of the applicant to 
provide complete information regarding the ownership of those histori- 



cal resources which the applicant wishes to be included in the California 
Register. The ownership data must include assessor parcel numbers, 
maps, and a legal description of the resources. The applicant shall pro- 
vide the owners' names and addresses on mailing labels, as well as any 
information necessary to establish whether a proposed resource or dis- 
trict has more than one owner. A boundary map and a list of all resource 
owners within the proposed district boundaries shall be included for each 
district. The list shall indicate whether the property of each owner is con- 
tributing or noncontributing to the significance of the district. Resources 
will not be listed in the California Register over the owner's objection, 
or in the case of a district, a majority of resource owners, but will be "for- 
mally determined eligible for listing" (see Secfion 4855(c) of this chap- 
ter). 

(b) Submitfing the apphcation. Historical resources may be nominated 
by any individual or group including, but not limited to, members of the 
general public, private organizafions, or local government with control 
authority over the designated historical resource. 

(1) Local government, in whose jurisdiction the historical resource is 
located, shall submit their apphcations directly to the Office. 

(2) If the applicant is not a local government, the applicant must nofify 
the clerk of the local government by certified mail that an application will 
be filed with the Office and request that the local government join in the 
nomination and/or provide comments. Notification to the clerk of the lo- 
cal government shall include a copy of the application. Ninety (90) days 
after notification to the clerk of the local government, the applicant shall 
forward all completed applicafions and any comments to the Office. 

(c) If the applicant is not the owner of the resource being nominated, 
within thirty (30) days of receipt of the application, the Office will pro- 
vide a copy of the applicadon to the owner and request any additional in- 
formation. 

NOTE: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources 
Code. Reference: Sections 5020.1. 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 
and 21084.1, Public Resources Code. 

History 
1. New section filed 12-2-97; operative 1-1-98 (Register 97, No. 49). 

§ 4855. State Historical Resources Commission's Public 
Hearing of a Nomination. 

After technical review by the Office, the nominafion will be scheduled 
for a hearing by the State Historical Resources Commission. The Com- 
mission will only consider comments that relate to the criteria for Usting 
a resource in the California Register. 

(a) Public notification. At least sixty (60) days before the hearing to 
consider the nomination for Usting, the Office shall do all of the follow- 
ing: 

(1) Notify all affected historical resource owners that their resource 
has been nominated for listing; the time and place set for the hearing; and 
that the Commission will consider public comments related to whether 
the resource meets the criteria for listing in the California Register as well 
as any objections of the owner(s). 

(2) Notify the local government and interested local agencies of the 
time and place set for the hearing and the opportunity for public com- 
ments in support of or opposition to the proposed listing. 

(3) Notify the general public by means of the Commission's hearing 
notices of the scheduled hearing date and the opportunity to comment on 
the nomination. 

(4) In the case of an historic district, nominated either individually or 
as part of a survey, the Office must make a reasonable effort to obtain the 
identifies and addresses of all owners of resources within the proposed 
district. The Commission must provide nofice of the hearing and oppor- 
tunity to comment or object to all identified owners whether or not their 
properties were nominated as contributing resources. 

(b) Support of or objecdons to the nominafion. The Commission shall 
consider public comments when it determines whether to list the histori- 
cal resource in the California Register. Any person or organization, in- 
cluding the following, may submit supporUng or opposing comments to 
the Office before the hearing. 



Page 466.2 



Register 97, No. 49; 12-5-97 



Title 14 



Department of Parks and Recreation 



§4858 



(1) Resource owners. Private resource owners must make any objec- 
tion to listing in a notarized letter stating that they are the sole or partial 
owners, that they object to the listing, and the reasons for their objection. 
Letters of support from private resource owners are welcomed, but not 
required. If a private resource owner does not reply to a properly trans- 
mitted letter of notification, the absence of a reply will be interpreted as 
consent to the historical resource designation. 

(A) Each owner or partial owner of a privately owned individual his- 
torical resource has one vote regardless of what percentage of the re- 
source such person owns. Within a district, each owner has one vote re- 
gardless of how many buildings, or what percentage of the area of the 
proposed district, such person owns. 

(B) If a majority of private resource owners should object for any rea- 
son, the proposed individual resource or district will not be listed. How- 
ever, in such cases, the Commission shall designate the resource as "for- 
mally determined eligible for listing in the California Register." A 
resource that has been designated as eligible may be listed at a later time 
if, and when, the objection is withdrawn. 

(2) Local government. Support of, and objections by, local govern- 
ment are to be given full and careful consideration. When the local gov- 
ernment objects to the listing, the findings of the Commission shall iden- 
tify the historical or cultural significance of the resource and explain why 
the resource was listed in the California Register over the objections of 
the local government. 

(c) Determinations of eligibility and formal listing. A privately owned 
resource may not be listed in the California Register over the objection 
of its owner, or in the case of a resource with multiple owners, over the 
objection of a majority of private resource owners. A district may not be 
listed in the California Register over the objection of a majority of private 
resource owners within the proposed district. If a district is listed, it will 
be listed in its entirety and all contributing resources will be listed, wheth- 
er or not the owner of that resource has objected. 

(1) If a private resource cannot be listed solely due to owner objection, 
the Commission shall designate the resources as "formally determined 
eligible for listing." 

(2) An historical resource shall be considered formally "listed in the 
California Register" when the Commission, upon reviewing the nomina- 
tion, designates the resource as eligible for listing and accepts it for offi- 
cial listing in the California Register. 

(3) The Commission shall adopt written findings to support its deter- 
minations. Findings shall include a description of the historical resources 
and the historical or cultural significance of the resources and identifica- 
tion of those criteria on which any determination was based. 

(4) Within forty-five (45) days after approval or disapproval of a nom- 
ination by the Commission, the Officer shall notify the applicant, re- 
source owner(s), and the affected local government in writing of the 
Commission's decision. 

NOTE: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources 
Code. Reference: Title 36, Part 60, Code of Federal Regulations; and Sections 
5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 21084.1, Public Re- 
sources Code. 

History 
1. New section filed 12-2-97; operative 1-1-98 (Register 97, No. 49). 



§ 4856. Criteria and Procedures for Removal of an 
Historical Resource from the California 
Register of Historical Resources. 

Historical resources are formally determined eligible for, or listed in, 
the California Register on the basis of an evaluation of the historical data 
by qualified professionals. The Commission may, at its discretion, con- 
sider a request for formal delisting after a public hearing has taken place. 

(a) The Commission may remove an historical resource from the Cah- 
fomia Register if one of the following criteria is satisfied: 

(1) The historical resource, through demolition, alteration, or loss of 
integrity has lost its historical qualities or potential to yield information; 
or 



(2) New information or analysis shows that the historical resource was 
not eligible at the time of its listing. 

(b) Documentation supporting a request for removal of an historical 
resource from the California Register shall be provided to the Commis- 
sion for its review. The documentation shall include: 

( 1 ) A written request from the Officer, resource owner, a member of 
the public, or local government in which the historical resource is located 
recommending the removal of the resource, including a detailed justifi- 
cation based on the criteria listed in Section 4856(a)(1) or (2); 

(2) Photographs and other documentation regarding the current condi- 
tion of the historical resource; 

(3) Photographic and archival documentation of the historical re- 
source at the time of listing; and 

(4) Complete current ownership information for historical resources 
included in the listing. 

(c) The Office shall notify the resource owners, the local government 
in which the historical resource is located, the general public, and the in- 
dividual, organization, or government authority which made the original 
nomination at least sixty (60) calendar days prior to the date scheduled 
for the public hearing. At the hearing, the Commission shall hear com- 
ments and receive information regarding whether or not the criteria for 
removal of an historical resource from the California Register have been 
met. If the criteria have been met, the resource shall be removed from the 
California Register. If the criteria for removal have not been met, the his- 
torical resource shall remain in the California Register. The decision of 
the Commission shall be final unless a request for reconsideration is 
made pursuant to Section 4857 of this chapter. 

(d) The Office shall notify the resource owners, the local government 
described above, the general public, and the individual, organization, or 
government agency which made the original nomination within sixty 
(60) days after reaching a final decision. The decision of the Commission 
shall be binding. 

NOTE: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources 
Code. Reference: Sections 5020.1, 5020.4, 5020.7, 5024.1, 5024.5, 5024.6, 21084 
and 21084.1, Public Resources Code. 

HrSTORY 
1. New section filed 12-2-97; operative 1-1-98 (Register 97, No. 49). 

§ 4857. Requests for Redetermination by the State 
Historical Resources Commission. 

Requests for redetermination may be submitted within thirty (30) days 
after the Commission transmits notice of its final determination. Such re- 
quests shall set forth the reasons why the Commission's determination 
was improper, including all new relevant facts and information. 

(a) The Commission has the power to reverse or alter its prior determi- 
nations, in whole or in part, if any of the following occur: 

(1) There is a significant error in the facts, information, or analysis on 
which the prior decision was based; or 

(2) The prior determination, in light of current information, appears to 
have been arbitrary, capricious, or based on substantial error. 

(b) The Commission shall advise the applicant within sixty (60) days 
after receipt of a request for redetermination whether it will consider such 
request, and if so, set the date for a hearing by the Commission. 

(c) If the request for redetermination is denied, then the original deter- 
mination shall become final for all purposes, unless the resource is later 
shown to be demolished, altered, or has lost its integrity. 

Note: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources 
Code. Reference: Sections 5020.1, 5020.4, 5020.7, 5024.1 , 5024.5, 5024.6, 21084 
and 21084.1, Public Resources Code. 

History 
1. New section filed 12-2-97; operative 1-1-98 (Register 97, No. 49). 

§ 4858. Saving Clause. 

If any one or more of the regulations in this chapter, or any portion of 
any one of these regulations is found or held to be invalid, all other regu- 
lations and portions of regulations shall be severable from the invalid reg- 
ulation or portion and shall be presumed to be valid. 

Note: Authority cited: Sections 5020.4, 5024.1 and 5024.6, Public Resources 
Code. Reference; Section 1 1350, Government Code; California Drive-in Restau- 



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Title 14 



rani Asso. v. Clark (1943) 22 Cal.2d 287, 140 P.2d 657; and Schenlev Affiliated 
Brands Corp. v. Kirby (1971) 21 Cal.App.3d 177, 98 Cal.Rptr. 609. 

History 
1. New section and appendix A filed 12-2-97; operative 1-1-98 (Register 97, No. 
49). 

Appendix A 

A Glossary of Terms as Used in the California Register of 
Historical Resources 



District. A geographic area which possesses a significant concentra- 
tion, linkage, or continuity of sites, buildings, areas, stnictures, or objects 
which are united historically, culturally, or aesthetically by plan, history, 
or physical development. For purposes of the regulations in this chapter, 
this term is interchangeable with "Historic District." 

DPR Form 422. Department of Parks and Recreation Archaeological 
Resources Inventory Form Number 422. 

DPR Form 523. Department of Parks and Recreation Historic Re- 
sources Inventory Form Number 523. 



Archaeological District. An area defined by a significant concentra- 
tion, linkage, or continuity of sites. 

Archaeological Site. A bounded area of a resource containing archae- 
ological deposits or features that is defined in part by the character and 
location of such deposits or features. 

The Archaeological Resources Protection Act of 1979 (16 U.S.C. 
470aa). Provides for protection of terrestiral and submerged archaeolog- 
ical resources. Authorizes criminal prosecution for the e.xcavation, re- 
moval, or damage of archaeological resources on public or Indian lands 
without appropriate permit. Governs the transportation of illegally ob- 
tained materials, access to information, and the permitting process. 

B 

Boundaries. Lines delineating the geographical extent or area of an 
historical resource. 

Building. A resource, such as a house, bam, church, factory, hotel, or 
similar structure, created principally to shelter or assist in carrying out 
any form of human activity. Also, used to refer to an historically and 
functionally related unit, such as a courthouse and jail or a house and 
bam. 



E 

Evaluation. A process carried out by the State Historical Resource 
Commission whereby the significance and integrity of an historical re- 
source is judged, thereby determining its eligibility for listing. 



Footprint. The form or pattem made by the perimeter of a building or 
other resource. Often used in connection with sketch maps or boundaries. 
A sketch map may show the footprint of historic resources as they are 
found on a parcel of land. 

Formally Determined Eligible for Listing. An historical resource 
shall be considered "formally determined eligible for listing" when the 
State Historical Resources Commission accepts the nomination of the 
historical resource and designates the property as eligible for listing in the 
California Register. 



G 

Geographical Area. An area of land containing historical or archaeo- 
logical resources that can be identified on a map and delineated by 
boundaries. 



California Historical Resources Information System (CHRIS). 

That collection of Site Records, Historic Resource Inventory Forms, and 
all information on historical resources which has been acquired and man- 
aged by the State Office of Historic Preservation since 1975. This shall 
include the State Historic Resources Inventory, the California Archaeo- 
logical Site Inventory, properties listed in the National Register of His- 
toric Places, California Registered Historical Landmarks, California 
Points of Historical Interest, and the California Register of Historical Re- 
sources. 

Conservation Easement. A less than fee simple interest in real prop- 
erty recorded as a deed restriction which is designated to protect the his- 
toric, cultural, archaeological, or ecological characteristics of a property. 
For purposes of the regulations in this chapter, it is interchangeable wit 
the term "Preservation Easement." 

Cultural Heritage. Pertaining to the sum total of traditions, body of 
knowledge, etc., inherited as possessions, characteristics, or conditions 
expressing a traditional way of life subject to gradual, but continuous 
modifications by succeeding generations. 

Cultural Resource. See Historical Resource. 

Culture. A linkage of people possessing shared values, beliefs, and 
historical associations coupling social institutions and physical materials 
necessary for collective survival. 

D 

Disclosure, archaeological site. To make available any records that 
pertain to an archaeological site. However, "archaeological site disclo- 
sure" need not take place if the nomination of a resource to the California 
Register requires making known any records which related to archaeo- 
logical site information when those records are maintained by either the 
Department of Parks and Recreation or the State Historical Resources 
Commission. 



H 

Historic Context. An organizing stmcture for interpreting history that 
groups information about historical resources sharing a common theme, 
geographical area, or chronology. The development of "historic context" 
is a foundation for decisions regarding the planning, identification, eval- 
uation, registration, and treatment of historical resources based upon 
comparative historic significance. 

Historic District. A geographic area which contains a concentration 
of historic buildings, stmctures, or sites united historically, culturally, or 
architecturally. "Historic districts" are defined by precise geographic 
boundaries. Therefore, "historic districts" with unusual boundaries re- 
quire a description of what lies immediately outside the areas in order to 
define the edge of the district and to explain the exclusion of adjoining 
areas. 

Historic Fabric. (1) With regard to an historic building, "historic fab- 
ric" means the particular materials, omamentation, and architectural fea- 
tures which are consistent with the historic character of the building. (2) 
With regard to an historic district, "historic fabric" means all sites, build- 
ings, stmctures, features, objects, landscaping, street elements, and re- 
lated design components of the district which are consistent with the his- 
toric character of the district. (3) With regard to an archaeological 
district, "historic fabric" means sites, standing stmctures or buildings, 
historic landscape (land disturbance such as grading or constmction), 
features (remnants of walls), and objects (artifacts) which are consistent 
with the historic character of the district. 

Historic Integrity. The ability of a resource to convey its historical 
significance. 

Historic Resources Inventory Form (DPR Form 523). A document 
which describes the characteristics and locations of buildings, stmctures, 
objects, and districts recorded for inclusion in an Historic Resources In- 
ventory. 

Historical Landmarks. See State Historical Landmark. 



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§4858 



Historical Resource. Any object, building, structure, site, area, place, 
record, or manuscript which is historically or archaeological significant, 
or which is significant in the architectural, engineering, scientific, eco- 
nomic, agricultural, educational, social, political, military, or cultural 
history of California. 

Historical Resources Inventory. A set of data, such as a hst of histori- 
cal resources, generated through an Historical Resources Survey. 

Historical Resources Survey. The process of systematically identify- 
ing, researching, photographing, and documenting historical resources 
within a defined geographic area. 

I 

Identiflcation. The process by which information is gathered regard- 
ing historical resources. 

Information Center. See Regional Information Center. 



Landscape, Cultural. A geographic area that (1) has been used, 
shaped, or modified by human activity, occupation, intervention; or (2) 
possesses significant value in the belief system of a culture or society. 

Landscape, Designed. A geographic area that (1) has significant as 
a design or work of art; (2) was consciously designed and laid out by (a) 
a designer according to academic or professional design standards, theo- 
ries, or philosophies of landscape architecture; or (b) by an amateur using 
a recognized style or tradition; (3) has an historical association with a sig- 
nificant person, trend, or event in landscape gardening or landscape ar- 
chitecture; or (4) has a significant relationship to the theory or practice 
of landscape architecture. 

Landscape, Rural. A geographic area that (1) has historically been 
shaped or modified by human activity, occupancy, or intervention; (2) 
possesses a significant concentration, linkage, or continuity of areas of 
land use, vegetation, buildings or structures, roads or waterways, or natu- 
ral features; or (3) provides a sense of place. 

Listed. A California Register historical resource shall be considered 
"listed" when (1) the State Historical Resources Commission, after re- 
viewing the nomination of the historical resource, accepts it for listing in 
the Cahfomia Register; or (2) it has been automatically "listed" under 
Public Resources Code Section 5024.1(d)(1) & (2). 

Local government. A public agency with land-use control authority 
over a designated historical resource. Local governments may include 
special district, tribal, city, or county governments. 

M 

Manuscript. (1) Bodies or groups of personal papers. (2) Collections 
of documents acquired from various sources according to a plan. (3) Indi- 
vidual documents acquired by a manuscripts repository because of their 
special importance. (Society of American Archivists) 

N 

National Environmental Policy Act of 1989 (NEPA). (42 U.S.C. 
4321-4327 (1969) (amended)). Created a process by which to analyze 
significant environmental impacts, including impacts to historical re- 
sources, for federally funded or licensed actions. 

National Historic Preservation Act of 1966 (NHPA). (16 U.S.C. 
470 (1966) (amended)). Established the National Register of Historic 
Places. Created a partnership between federal, state, and local agencies 
to extend the national historic preservation programs to properties of 
state and local significance. 

National Register Criteria. The federally established standards for 
evaluating the eligibility of properties for inclusion in the National Regis- 
ter of Historic Places. 

National Register of Historic Places, The. (16 U.S.C. 470a, 36 
C.F.R. Parts 60, 63). The official inventory of districts, sties, buildings. 



staictures, and objects significant in American history, architecture, ar- 
cheology, and culaire which is maintained by the Secretary of the Interior 
under the authority of the Historic Sites Act of 1935 (16 U.S.C. 461-467 
(1935) (amended)) and the National Historic Preservation Act of 1966 
(16 U.S.C. 470 (1966) (amended)). 

Nomination. A formal application, submitted to the State Historical 
Resources Commission, for listing an historical resource on the Califor- 
nia Register of Historical Resources. 

O 

Object. Manifestations that are primarily artistic in nature, or are rela- 
tively small in scale and simply constructed. The "object" may be a fix- 
ture (real property) or movable (personal property). Although it may be 
movable by nature or design, an object must be associated with a specific 
setting or environment. The "object" should be in a setting appropriate 
to its significant historical use, role or character; for example, a fountain 
or boundary marker. 

Officer. The State Historic Preservation Officer (SHPO) is appointed 
by the Governor under the authority of Public Resources Code Section 
5020.6. The SHPO serves as the Chief Administrative Officer of the Of- 
fice of Historic Preservation and Executive Secretary of the State Histori- 
cal Resources Commission. The SHPO administers state and federally 
mandated historic preservation programs under the authority of the Na- 
tional Historic Preservation Act of 1966, Section 101(b)(3), (16 U.S.C. 
470 (1966) (amended)) and Cal. Pub. Res. Code Section 5024. 

Owner. Those individuals, partnerships, corporations, or public agen- 
cies holding fee simple title to a resource. The term does not include indi- 
viduals, partnerships, corporations, or public agencies holding ease- 
ments or less fee simple interests, including leaseholds. 



Penal Code, Section 622.5. Provides misdemeanor penalties for ev- 
ery person, other than the owner, who injures or destroys objects of his- 
torical or archeological interest located on public or private lands. 

Point of Historical Interest. The California Point of Historical Inter- 
est Program (Cal. Pub. Res. Code Section 5021) is a state historical re- 
sources registration program, established in 1965, which provides offi- 
cial recognidon for historical resources that are significant at a county or 
regional level, but do not quality for designation as California Registered 
Historical Landmarks. 

Preservation (treatment). The act or process of applying measures 
to sustain the existing form, integrity, or historic fabric of an historical 
building or structure, or the form or vegetative cover of an historic site. 
It may include stabilization work, as well as ongoing maintenance of the 
historic fabric. 

Preservation Commission. A city or county board of appointed citi- 
zens with assigned responsibilities for surveying, designating, and pro- 
tecting historical resources. May also be called an historic review board, 
design review board, landmarks commission, or cultural heritage com- 
mission. 

Primary Number. The number used to identify and retrieve records 
regarding a specific site in the Cahfomia Historical Resources Informa- 
tion System. The Primary Number describes the location of a resource in 
the same manner as a Site Trinomial Number. 

Protection (treatment). The act or process of applying measures to 
affect the physical condition of an historical resource by guarding it from 
deterioration, loss, or attack by natural causes, or to cover or shield it 
from threat of danger or harm. In the case of buildings or structures, these 
measures are usually temporary; however, with regard to archeological 
resources, protective measures may be temporary or permanent. 

Public Resources Code, Section 5097.5. Defines as a misdemeanor 
the unauthorized disturbance or removal of archeological, historical, or 
paleontological resources located on public lands. 



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BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



R 

Reconstruction (treatment). The act or process of reproduction 
through constmction the exact form and detail of a vanished building, 
structure, or object, or any part thereof, as it appeared at a specified period 
of time. 

Recordation. Section 27288.2 of the Government Code and Section 
5029 of the Public Resources Code require the County Recorder to record 
a certified resolution of historical resources designation containing the 
name of the current property owner, the historical resources registration 
program, the designating entity, the specific historical resources designa- 
tion, and a legal description of the property. 

Regional Information Center. An Information Center of the Califor- 
nia Historical Resources Information System, under contract to the Of- 
fice of Historic Preservation, which receives, manages, and provides in- 
formation on historical and archeological resources. "An Information 
Center" may also provide training or technical assistance on a fee-for- 
service basis. 

Registration. A program by which an historic resource is docu- 
mented, evaluated, and determined eligible or nominated for listing as a 
type of historical resource. Such programs may be local, state, or nation- 
al. 

Rehabilitation (treatment). The act or process of returning a proper- 
ty to a state of utility through repair or alteration which makes possible 
an efficient contemporary use while preserving those portions or features 
of the property which are significant to its historical, architectural, and 
cultural values. 

Research Design. Reveals the logic that will be used to direct identifi- 
cation, documentation, investigation, analysis, or treatment of an histori- 
cal resource that identifies the goals, methods and techniques, potential 
results, and the relationship of the potential results to other proposed acti- 
vities or treatments. 

Resource, Contributing. A resource which by location, design, set- 
ting, materials, workmanship, feeling, and association adds to the sense 
of historical authenticity, historical development, or value of an histori- 
cal resource. 

Resource, Non Contributing. An historical resource which does not 
add to the sense of historical authenticity or evolution of an historic prop- 
erty or where the location, design, setting, materials, workmanship, his- 
tory, and/or association of the historical resource have been so altered or 
deteriorated that the overall integrity of that resource has been irretriev- 
ably lost. 

Restoration (treatment). The act or process of reproducing the exact 
form and detail of a vanished building, structure, or object, or a part there- 
of, as it appeared at a specific period of time. 



Secretary of Interior Standards. Identified in the Secretary of the 
Interior Standards and Guidelines for Historic Preservation Proj- 
ects (36 C.F.R. 67), with accompanying interpretive guidelines, which 
are utilized by federal agencies in the preservation of historical properties 
that are listed, or are eligible for listing, on the National Register. They 
are also used by some State Historic Preservation Offices in evaluating 
projects proposed as historical resources in accordance with federal regu- 
lations; or by local governments, organizations, and individuals in mak- 
ing decisions about the identification, evaluation, registration, or treat- 
ment of historic properties. The Secretary of the Interior's Standards 
for Rehabilitation is aimed at retaining and preserving those features 
and materials which are important in defining the historic character of an 
historical resource. Technical advice about archeological and historic 
preservation activities and methods is also included in the Secretary of 
the Interior's Standards and Guidelines for Archeology and Historic 
Preservation. 

Site. A location of a significant event, a prehistoric or historic occupa- 
tion or activity, or a building or structure, whether standing, ruined, or 



vanished, where the location itself possesses historical, cultural, or arch- 
eological value regardless of the value of any existing building, structure, 
or object. A "site" need not be marked by physical remains if it is the loca- 
tion of a prehistoric or historic event and if no buildings, structures, or 
objects marked it at that time. Examples include trails, designed land- 
scapes, battlefields, habitation sites. Native American ceremonial areas, 
petroglyphs, and pictographs. 

Site Record. A document which describes the characteristics and lo- 
cation of a site, and which has been completed for entry in the California 
Archaeological Site Inventory. 

Site Trinomial Number. A site registration number assigned by the 
Office of Historic Preservation to a specific archeological resource under 
which all documentation for that resource will be recorded. 

Stabilization (treatment). The act or process of applying measures 
designed to establish a weather resistant enclosure and the structural sta- 
bility of an unsafe or deteriorated property, or one which has the potential 
to deteriorate or to become unsafe, while maintaining the essential form 
as it exists at present. 

State Historic Preservation Officer (SHPO). See Officer. 

State Historic Resources Inventory. Compilation of all identified 
and evaluated historical resources maintained by the State Office of His- 
toric Preservation. It includes all those historical resources evaluated in 
surveys that were conducted in accordance with criteria established by 
the Office (see Appendix B) and were thereafter determined eligible for, 
or listed in, the National Register of Historic Places or designated as Cali- 
fornia Registered Historical Landmarks, California Points of Historical 
Interest, or the California Register of Historical Resources. 

State Historical Building Code (SHBC). The State Historical Build- 
ing Code is contained in Part 8 of Title 24 (State Building Standards 
Code) and applies to all qualified historical structures, districts, and sites 
designated under federal, state, or local authority. It provides alternatives 
to the Uniform Building Code in cases consistent with building regula- 
tions for the rehabilitation, preservation, restoration, or relocation of qu- 
alified historic structures designated as historic buildings. 

State Historical Landmarks. The California Registered Historical 
Landmarks Program (Cal. Pub. Res. Code Section 5021) is a state histori- 
cal resources registration program which was created in 1949 to recog- 
nize historical resources with regional and statewide significance to the 
history of California 

State Historical Resources Commission (SHRC). Commission ap- 
pointed by the Governor under Public Resources Code Section 5020.4 
and 5020.5. The SHRC has broad responsibihties for the statewide his- 
toric preservation program that include conducting a statewide inventory 
of liistorical resources, establishing criteria for evaluating historical re- 
sources, and conducting public hearings to develop and review a state- 
wide historical resources plan. 

Statement of Significance. An organizational format which groups 
information about related historical resources based on theme, geograph- 
ic units, and chronological period. The information should describe why 
the resource is significant within a relevant historic context. 

Structure. A construction made for a functional purpose rather than 
creating human shelter. Examples of structures include mines, bridges, 
and funnels. 



Tax Certification. A provision of federal tax law which, under certain 
conditions, allows money invested in capital rehabilitation to be de- 
ducted from income taxes owed. See those provisions for certified Na- 
tional Register structure which are included in the Economic Recovery 
Act of 1981 (Internal Revenue Code Section 48, 168, 170, and 280B). 

Traditional Cultural Properties. A geographic area or historical re- 
source that embodies important cultural values. It may contain landscape 
characteristics that are the tangible evidence of the activities and habits 
of the people who occupied, developed, and shaped the land to serve their 
needs, or it may include several categories of properties. It may also con- 



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§4903 



tain, or consist primarily of, natural features which are important in a reli- 
gious or belief system. 

U 

UTM Coordinates. A set of metric coordinates (easting and northing) 
that indicate a unique location according to the Universal Transverse 
Mercator grid appearing on maps of the United States Geological Sur- 
vey. 

Chapter 11.7. Recreational Trails Program 



§ 4860. Recreational Trails Program. 

Applicants who wish to participate in the Recreational Trails Program 
must comply with the Procedural Guide for the federal Recreational 
Trails Program Final June 4, 2007. 

The Procedural Guide for the federal Recreational Trails Program Fi- 
nal June 4, 2007 is incorporated by reference. 

NOTE: Authority cited: Sections 5003 and 5072.8(c), Public Resources Code. Ref- 
erence; Section 5072.8, Public Resources Code; and Title 23, United States Code, 
Sections 104(h) and 206. 

History 
]. New chapter 11.7 (section 4860) and section filed 7-15-2008; operative 
8-14-2008 (Register 2008, No. 29). 



Chapter 12. Land and Water Conservation 



§ 4900. Definitions. 

As used in these regulations, the terms listed below shall have the 
meanings noted: 

(a) Act. "Act" means the Land and Water Conservation Fund Act of 
1965, 78 Stat. 897, authorizing the Secretary of the Interior to provide fi- 
nancial assistance to the State for outdoor recreation purposes. 

(b) Bureau. "Bureau" means the Bureau of Outdoor Recreation, U.S. 
Department of the Interior. 

(c) Fund. "Fund" means the Land and Water Conservation Fund, 
created by the Land and Water Conservation Fund Act of 1 965, and mon- 
ies made available there from to the State of Cahfornia. 

(d) Program. "Program" means the Land and Water Conservation 
Fund Program under which monies are made available through the State 
Liaison Officer to state and local agencies for outdoor recreation pur- 
poses. 

(e) State Liaison Officer. "State Liaison Officer" means the state offi- 
cer designated by the Governor to administer the Land and Water Con- 
servation Fund and Program for the State of California. The State Direc- 
tor of Parks and Recreation has been so designated and given authority 
by the State Legislature to serve as the State Liaison Officer. 

(f) Department. "Department" means the Department of Parks and 
Recreation. 

(g) Applicant. "Applicant" means any public agency or political sub- 
division of the State eligible for, and applying for, assistance under this 
Program. For the purposes of this Program, eligible State agencies are the 
Departments of Fish and Game, Navigation and Ocean Development, 
Parks and Recreation and Water Resources. Eligible local agencies are 
cities, counties, recreation and park districts and certain special districts 
whose authority permits the acquisition, development, operation and 
maintenance of public parks and recreation areas. 

(h) Annual Apportionment. "Annual Apportionment" means that 
amount of funds allocated during any one fiscal year by the Secretary of 
the Interior and made available to the State of California under this Pro- 
gram. 

History 
1 . Repealer of subsection (i) filed 6-26-75; effective thirtieth day thereafter (Reg- 
ister 75, No. 26). 



§4901. Authority. 

Articles 1 through 3, Chapter 1.9, Division 5 (Sections 5099 through 
5099.1 1) of the Public Resources Code and other provisions of law pro- 
vide the authority to enable the state and its local governmental agencies 
and subdivisions to participate in the Program, instruct the Director to 
maintain and keep up to date a comprehensive plan for the development 
of the outdoor recreation resources of the State and give the Director the 
authority to administer the Program. 

§ 4902. Allocation of Funds. 

The annual apportionment will be allocated among state and local 
agencies in such proportions as may be determined by the Slate Liaison 
Officer, acting in accord with applicable ailes and regulations estab- 
lished by the Bureau and other provisions of law. The following princi- 
ples shall generally apply to this allocation: 

(a) That part of the annual apportionment made available to local agen- 
cies shall be allocated among eligible projects in accordance with the 
needs and priorifies established by the California Outdoor Recreation 
Resources Plan and the requirements hereof. 

(b) Funds for statewide planning purposes shall be allocated to state 
agencies only. 

(c) Up to 10 percent of the current annual apportionment may be re- 
served, at the discretion of the State Liaison Officer, for contingency pur- 
poses. These contingency purposes may include unanticipated increases 
in project costs and for special projects for which matching funds become 
unexpectedly available, or for which matching funds will expire. All con- 
tingency funds unexpended in any one fiscal year shall be added to and 
allocated in the general annual allocation the following fiscal year. Funds 
retained for contingency purposes need not conform to the provisions of 
Sections 4903 and 4904 herein. 

§ 4903. Project Criteria. 

Projects for which applications are submitted must meet criteria estab- 
lished by the Heritage Conservation and Recreation Service as set forth 
in the Service's Grants-In-Aid Manual and amendments thereto. They 
must also meet the following Eliminating and Ranking Criteria: 

(a) Eliminating Criteria. The eliminating criteria are applied to deter- 
mine whether or not the project is eligible. In order to be considered fur- 
ther, the applicant must meet all of the following: 

(1) As of the annual deadline, a substantially complete application 
must be submitted or your project will not be considered for funding. 
Applications which are technically complete in all aspects by the dead- 
line will receive bonus points. A technically complete application is de- 
fined in the most current Procedural Guide, Part 1 , Application Proce- 
dures. If the applicafion is not technically complete in all aspects as of the 
date that the State Liaison Officer selects projects (usually in November), 
the application will not be considered eligible for funding. 

(2) As of the annual deadline, the applicant must have an assured 
source of eligible matching funds. The matching funds are defined as any 
and all funds available to the applicant not derived from the Wildlife Res- 
toration Fund, Harbors and Watercraft Revolving Fund, and the Califor- 
nia Water Resources Development Bond Fund. 

(3) As of the annual deadline, the applicant must have adequate tenure 
to the land to be developed (development projects only). (Adequate ten- 
ure will consist of either fee title, without encumbrances which would 
have an adverse effect on the project, or a fully executed lease or ease- 
ment of sufficient duration and adequate to receive full value from the 
project facilifies developed by the grant). 

(4) The project for which grant funds are requested must increase the 
project's ability or capacity to serve outdoor recreation purposes. 

(b) Ranking Criteria. The second level of the selection process in- 
volves the applicafion of ranking criteria to those proposals that survive 
the elimination process. 

In implementing this process. State Law (Chapter 986, Statutes of 
1977) requires that the Local Agency share be split in a Statewide ratio 
of 50% to regional projects, and 50% less-than-regional projects. For the 
purposes of program administration, projects will be classified as either 



Page 466.7 



Register 2008, No. 29; 7-18-2008 



§4903 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



regional or less-than-regional and compete separately within each plan- 
ning district for one-half of the Planning District allocation. Several fac- 
tors will be considered in the determination of the regional/!ess-than-re- 
gional designations: 

Acreage. In general, a project of 50 acres or more will be considered 
regional, less than 50 acres will be considered less-than-regional. 
Acreage alone will not be the deciding factor. In some cases a less than 
50 acre site may be classified as a regional project and a 50 acre or larger 
site may be considered less-than-regional. 

Physical Characteristics. The presence of any significant scenic or re- 
source values would tend to indicate a regional designation. 

intended Use. The proposed facilities and/or purpose of the project 
will be analyzed to determine whether the project is, or will be upon de- 
velopment, capable of attracting visitors from a community or a regional 
service area. 

The final decision on the regional/less-than-regional designation of 
a project will be based on these factors and be made by the State. 

If the dollar amount of all projects is greater than the available funds 
within each planning district, they will be evaluated and ranked accord- 
ing to the following criteria (conversely if there are more funds available 
to a planning district than required, the projects will not necessarily be 
funded unless they are considered high priority by the State Liaison Offi- 
cer): 

(1) Development grant requests for facilities that are to be constructed 
at a recreation area that provide opportunities for multiple recreational 
activities (two or more separate and distinct activities) will be given a 
higher priority than grant requests for projects that provide activities for 
a single purpose or specialized uses that serve only a limited segment of 
the public. 

(2) Development grant requests for projects that will provide for basic 
facilities will be given a higher priority than grant requests that will pro- 
vide for more elaborate facilities. Elaborate facihties are defined as over- 
ly ornate, overdesigned, superfluous, or otherwise excessive. It is not the 
intent of this criterion to discourage high-quality, innovative projects. 

(3) Development grant requests for projects that will provide new faci- 
lities and opportunities in either new or old parks will be given higher 
priority than grant requests for projects that will provide for the replace- 
ment or rehabilitation of existing usable recreational facilities. 

(4) Grant requests for projects that, in the judgment of the State Liaison 
Officer and his staff, can be completed expeditiously (generally 2 1/2 
years) will be given higher priority. Points will not be awarded to other 
projects not meeting this criteria. 

Factors considered to determine an applicant's ability to complete a 
project will include, but not be limited to: The applicant's performance 
on previous grant projects, both federal and state; the applicant's ability 
to operate and maintain existing parks; involvement of otherjurisdictions 
and regulatory agencies; public involvement; the steps already taken to 
implement the project at the time of application; the magnitude and com- 
plexity of the project. 



(5) Grant requests from public entities, who have designated a major 
organizational unit with a full-time primary responsibility for the provi- 
sion of parks and recreation areas and/or facilities, will be given higher 
priority than requests from governmental units whose primary function 
is other than parks and recreation. 

(6) Acquisition grant requests from an applicant that has a preliminary 
title report by the annual application deadline will be given a higher prior- 
ity. 

(7) Grant requests for projects that will serve the greatest need will be 
given high priority. Regional projects will be evaluated separately from 
less-than-regional projects. Competing projects will be evaluated 
against the following criteria: 

(A) For Regional Projects: 

1 . Population Density. Priority will be given to projects that serve high 
density residential areas. The population residing within the effective 
service radius will be used for evaluation. The effective service radius 
will be uniformly applied within each planning district. 

2. Proximity of Population Masses to Project. Priority will be given to 
projects that are in closest proximity to densely populated areas as com- 
pared to other competing projects. 

3. Developed Facilities. Priority will be given to projects that serve 
areas with the least number of existing developed facilities per 1 ,000 
population (use-features) within the effective service radius. (Develop- 
ment projects only). 

4. Park Acres. Priority will be given to projects that serve areas with 
the least amount of existing comparable recreational acreage per 1,000 
population within the effective service radius. (Acquisition projects 
only). 

5. Access. Priority will be given to projects that are readily accessible 
from freeways, expressways, major routes of recreation travel or public 
transportation. 

(B) For Less-Than-Regional Projects: 

1. Population Density. Priority will be given to projects that serve the 
highest population densities. Population residing within a one-mile ra- 
dius of less-than-regional projects will be used. 

2. Access. Priority will be given to projects that provide for the best 
public access. This will be judged by the adequacy of public transporta- 
tion services and the presence of physical barriers (freeways, railroad 
tracks, flood control channels, etc.) that may restrict immediate access. 

3. Developed Facilities. Priority will be given to projects that serve 
areas with the least number of existing developed facilities (use features) 
within the appropriate service area of the proposed project. Only recre- 
ation facilities of the same nature as those contemplated in the proposed 
grant project will be considered. (Development projects only). 

4. Park Acres. Priority will be given to projects that serve the least 
number of existing recreation acreage within the appropriate service area 
of the proposed project. (Acquisition projects only). 



[The next page is 467. 



Page 466.8 



Register 2008, No. 29; 7-18-2008 



Title 14 



Department of Parks and Recreation 



§4935 



5. Low Income Areas. Priority will be given to projects that serve the 
outdoor recreation needs of low income families. 

(c) Additional S.L.O. Selection Factors: The above seven ranking cri- 
teria will be applied to all eligible projects. Although a final score will be 
determined for each competing project, that score may not necessarily be 
the sole factor in determining the funding of a project. The final decision 
to fund a project will be based upon informed judgement and at the dis- 
cretion of the State Liaison Officer. The following additional factors will 
be taken into consideration to determine the final rating of a project. 

Generally, preference will be given by the S.L.O. to projects: 

(1) Which have a reasonable cost/benefit ratio. 

(2) Where there is an urgency for acquisition and where delay will 
cause a loss of recreation opportunities in the future. 

(3) Which relate directly to state and planning district priority for Land 
and Water Conservation Funds in CORRP. 

(4) Where the applicant has not been previously funded. Also, where 
the per capita share of Land and Water Conservation Funds in the county 
where the project is located is less than the State's per capita average. 

(5) Where the dollar amount requested is reasonable in relation to the 
total dollars available to the planning district. 

(6) Where a greater geographical spreading of funds will be achieved 
within a planning district. 

(7) Where the applicant has an adopted master plan of park and recre- 
ation areas that includes the project for which funds are being sought. 

(8) Which have innovative and/or unique, natural, or scenic features. 

(9) Which make provisions for handicapped and underprivileged, 
above and beyond those required by law. 

(10) Which have the ability to attract visitation from beyond the apph- 
cants normal service area. 

NOTE; Authority cited: Section 5003, Pubhc Resources Code. 

History 

1 . Repealer and new section filed 2-16-77; effective thirtieth day thereafter (Reg- 
ister 77, No. 8). For prior history, see Register 75, No. 26. 

2. Repealer and new section filed 7-27-78; effective thirtieth day thereafter (Reg- 
ister 78, No. 30). 

§ 4904. Priorities Among Eligible Projects. 

Projects adhering to federal criteria and meeting the criteria set forth 
in Section 4903 will be selected for submission to the Bureau for funding 
as follows: (a) Equal consideration will be given urban and rural areas, 
(b) Equal consideration will be given to the funding of state and local 
agencies. 

(a) Within the funds made available to individual state agencies by the 
State Liaison Officer, each eligible state agency will determine those 
projects for which applications will be submitted to the Bureau. 

(b) Within the funds made available for local projects by the State Liai- 
son Officer and in accordance with paragraph (a) of Section 4902, the 
State Liaison Officer will select from the applications submitted by local 
agencies those projects for which applications will be submitted to the 
Bureau. 

APPLICATIONS FOR ASSISTANCE 

§4910. Application Format. 

Applications for assistance under this Program shall be prepared in 
such format and contain such information as the State Liaison Officer 
shall determine. Procedure guides for preparation of such applications 
shall be made available upon request from interested agencies. 

§ 491 1 . Submission of Applications. 

Applications shall be submitted by such deadlines as may be estab- 
lished by the State Liaison Officer. 

(a) All eligible state and local agencies will be notified of such dead- 
line. 

AVAILABILITY AND DISBURSEMENT OF FUNDS 

§ 4920. Availability and Disbursement of Funds. 

Funds available under this program shall be disbursed pursuant to the 
terms and conditions of a contract, called a Project Agreement, between 



the State Liaison Officer and the applicant. The Project Agreement is a 
document separate from the application and the form thereof shall be de- 
termined by the State Liaison Officer. 

Chapter 13. Roberti-Z'berg Urban Open 
Space and Recreation Program 

§ 4930. Application; Form and Content. 

Applications for both block grants and grants based upon need shall 
be prepared and submitted as set forward in the "Procedural Guide and 
Program Criteria for the Roberti-Z'berg Urban Open-Space and Recre- 
ation Program," as published from time to time by the Department of 
Parks and Recreation. 

NOTE: Authority cited: Sections 5620-5632, Public Resources Code. Reference: 
Sections 5620-5632, Public Resources Code. 

History 

1. New section filed 2-16-77; effective thirtieth day thereafter (Register 77, No. 

8). 

2. Editorial correction relocating Sections 4930^935 from Chapter 1 2 to Chapter 
13 (Register 77, No. 28). For former language of Chapter 13, see Register 74, 

No. 25. 

§ 4931 . Resolution of Applicant's Governing Body. 

An applicant shall include with the application one copy of its resolu- 
tion authorizing the application to be made and specifying its agents for 
negotiation and execution of grant documents. 

NOTE: Authority cited: Sections 5620-5632, Public Resources Code. Reference: 
Sections 5620-5632, Public Resources Code. 

History 
1. New section filed 2-16-77; effective thirtieth day thereafter (Register 77, No. 

8). 

§ 4932. Certification by Legal Counsel. 

The application shall include the certifications by legal counsel re- 
quired by Public Resources Code Section 5626(c). 

NoTE: Authority cited: Section 5625, Public Resources Code. Reference: Section 
5626(c), Public Resources Code. 

History 

1. New section filed 2-16-77; effective thirtieth day thereafter (Register 77, No. 
8). 

2. Amendment filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 
21). 

§ 4933. Compliance with CEQA. 

Documents prepared by an applicant in conformance with the Califor- 
nia Environmental Quality Act shall be submitted to the State Clearing- 
house prior to or at the same time as the application is filed. 
NotE: Authority cited: Sections 5620-5632, Public Resources Code. Reference: 
Sections 5620-5632, Public Resources Code. 

History 

1. New section filed 2-16-77; effective thirtieth day thereafter (Register 77, No. 

8). 

§ 4934. Reports to State. 

Grant recipients shall submit reports of the grant annually on a date to 
be specified by the Department, including, but not limited to, the percent- 
ages of grant funds expended, the percentage of projects completed with 
description of the completed portions and any departures from the project 
schedule set forward in the application, with the reasons therefor. 

NOTE: Authority cited: Sections 5620-5632, Public Resources Code. Reference: 
Sections 5620-5632, Public Resources Code. 

History 
1. New section filed 2-16-77; effective thirtieth day thereafter (Register 77, No. 
8). 

§ 4935. Matching with Goods and Services. 

Grants for development may be matched by non-monetary contribu- 
tions of goods and services supplied by the applicant, a third person, or 
by gift. 



Page 467 



(4-1-90) 



§4950 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



(a) Goods in the form ol" equipment, whether applicant owned, pur- 
chased, leased, or donated will be valued on a use basis in accordance 
with actual costs of purchase or lease or on a depreciation schedule in ac- 
cordance with applicant's normal accounting practices or prevailing 
costs of goods if donated. Equipment rental rates adopted by the Califor- 
nia Department of Public Works may be used as a guide. Residual market 
value of purchased equipment shall be credited to projects costs upon 
completion. 

(b) Goods in the form of supplies and material will be valued at either 
actual direct costs to applicant or, if capitalized as part of a structure or 
item of equipment used on the project, that cost reasonably attributable 
to the projects, or if donated according to prevailing costs. 

(c) Services will be valued in the actual amounts of salaries, wages and 
direct overhead costs, expended on the project. 

(d) Volunteer services may be furnished by professional and technical 
personnel, consultants, and other skilled and unskilled labor. Each hour 
of volunteered service may be counted as matching share if the service 
is an integral and necessary part of an approved project. Records of in- 
kind contributions of personnel shall include time sheets containing the 
signature of the person whose time is contributed and of his supervisor 
verifying that the record is accurate. 

(e) Rates for volunteers should be consistent with those regular rates 
paid for similar work in other activities of the State. The time of a person 
donating his services will be valued at the rate paid as a general laborer 
unless he is professionally skilled in the work he is performing on the 
project (i.e., plumber doing work on pipes, mason doing work on a brick 
building). When this is the case, the wage rate this individual is normally 
paid for performing his service may be charged to the project. A general 
laborer's wages may be charged in the amount of that which the city or 
cities in the immediate area pay their city employees for performing simi- 
lar duties. 

NOTE: Authority cited: Sections 5620-5632, Public Resources Code. Reference: 
Sections 5620-5632, Public Resources Code. 

History 

1. New section filed 2-16-77; effective thirtieth day thereafter (Register 77, No. 



Chapter 14. 



California Exposition and State 
Fair (Cal-Expo) 



§ 4950. Definitions. 

(a) "Director," as used herein, means Director of Parks and Recreation 
of the State of California. 

(b) "General Manager" means the General Manager of the California 
Exposition and State Fair. 

(c) "Cal-Expo" means the California Exposition and State Fair. 

(d) "Person," as used herein, shall be construed to mean and include 
natural persons, firms, partnerships, corporations, clubs, and all associ- 
ations or combinations of persons whenever acting for themselves or by 
an agent, servant, or employee. 

(e) "Animal" is any animate being not human, which is endowed with 
the power of voluntary motion. 

NOTE: Authority cited: Food and Agiicultural Code, Section 3324. 

History 

1 . New Sections 4950-4961 filed 5-25-79; effective thirtieth day thereafter (Reg- 
ister 79, No. 21). For prior history, see Register 78, 33; 79, 10. 



§ 4951. Use of Facilities, Payment. 

No person shall use or occupy the grounds or facilities for the use of 
which a fee has been established by the General Manager, unless he has 
first paid such fee. This shall not apply to state officers and employees 
on official business nor to persons excepted by the General Manager. 
Note: Authority cited: Food and Agricultural Code, Section 3324. 



§ 4952. Litter. 

No person shall leave, deposit, drop, or scatter bottles, broken glass, 
ashes, waste paper, cans, or other litter on the premises of Cal Expo ex- 
cept in a receptacle designed for that purpose. 
NOTE: Authority cited: Food and Agricultural Code, Section 3324. 

§ 4953. Fires. 

No person shall light, build, use, or maintain a fire on the premises of 
Cal Expo unless authorized by the General Manager. 
NOTE: Authority cited: Food and Agricultural Code, Section 3324. 

§ 4954. Dogs; Animals. 

(a) No person shall bring, permit to enter, or possess a dog or other ani- 
mal on the premises of Cal Expo unless authorized in writing by the Gen- 
eral Manager. 

(b) A dog or other animal authorized on the premises of Cal Expo shall 
be on a leash of no more than six feet in length and under the immediate 
control of a person or confined to a vehicle unless authorization is to the 
contrary. 

(c) A person authorized to bring or possess a dog on the premises of 
Cal Expo shall present proof that the dog has a valid license or rabies in- 
oculation, except for dogs under five months old. 

(d) No person authorized to possess a dog or other animal on the prem- 
ises of Cal Expo shall not permit it to remain outside a trailer, mobile 
home, recreational vehicle, or other enclosure during the night. 

(e) Subsections (a) and (b) shall not apply to a "seeing eye" dog used 
to guide a blind person there present, provided that the dog remains under 
the immediate control of the blind person and is not disturbing to other 
persons. 

NOTE: Authority cited: Food and Agricultural Code, Section 3324. 

§ 4955. Dangerous Weapons. 

No person shall carry or transport, in any manner, dangerous weapons 
or articles in or upon the buildings or grounds of Cal Expo. Such weapons 
or articles shall include, but not be limited to, any instrument commonly 
known as a blackjack, sling shot, billy, sandclub, sandbag, metal 
knuckles, any dirk, dagger, a pistol, revolver, or any other firearm, any 
knife having a blade longer than four inches, any razor with an unguarded 
blade and any metal pipe or bar, and any substance which can be ex- 
ploded or burned in a manner which might produce bodily injury or dam- 
age to Cal Expo properties. The prohibitions of this section do not apply 
to persons carrying or transporting such items in connection with their 
duties as State employees or to persons conducting any other legitimate 
business, or service on Cal Expo premises. 

All such items shall be confiscated and shall not be returned until the 
person carrying or transporting such items leaves the buildings and 
grounds of Cal Expo. 
NOTE: Authority cited: Food and Agricultural Code, Section 3324. 

§ 4956. Assembly. 

No person shall conduct or attend an assembly or public demonstra- 
tion unless approved by the General Manager upon a finding that such 
activity would not substantially interfere with the use of the Cal Expo fa- 
cilities by the general public. 
NOTE: Authority cited: Food and Agricultural Code, Section 3324. 

§ 4957. Closing. 

No person shall enter or be present in any portion of Cal Expo after 
closing hours or in any area designated closed, unless authorized by the 
General Manager. 
NOTE: Authority cited: Food and Agricultural Code, Section 3324. 

§ 4958. Alcoholic Beverages. 

No person shall possess or consume any alcoholic beverage on the 
premises of Cal Expo which was not obtained from an authorized conces- 
sionaire located at Cal Expo unless authorized in writing by the General 
Manager. 
NOTE: Authority cited: Food and Agricultural Code, Section 3324. 



Page 468 



(4-1-90) 



Title 14 



Department of Parks and Recreation 



§ 4970.01 



§ 4959. Soliciting. 

No person shall solicit, sell, hawk, or peddle any goods, wares, mer- 
chandise, liquids, or edibles for human consumption or distribute circu- 
lars on the premises of Cal Expo, unless authorized in writing by theGen- 
eral Manager. 
NOTE; Authority cited: Food and Agricultural Code, Section 3324. 

§ 4960. Speed Limit. 

No person shall drive a vehicle within the grounds of Cal Expo at a 
speed greater than is reasonable or prudent, having due regard for the 
traffic on, and the surface and width of, the road, and in no event at a 
speed which endangers the safety of persons, property, or animals, pro- 
vided however, that in no event shall a vehicle be driven at a speed greater 
than 15 miles per hour. 
NOTE: Authority cited: Food and Agricultural Code, Section 3324. 

§ 4961. Vehicles — Operation, Stopping, Parking, Removal 
by Peace Officers. 

(a) No person shall operate any vehicle, negligently or willfully in such 
a manner as to harass, endanger, or injure any person or animal. 

(b) No person shall operate, stop or park a vehicle, except on a desig- 
nated road or parking area, nor operate or park a vehicle on the premises 
of Cal Expo after closing hours. 

(c) Any peace officer with concurrent jurisdiction on the premises of 
Cal Expo or any member of the California Highway Patrol or any Cal 
Expo peace officer is authorized to cause the removal of a vehicle from 
the premises of Cal Expo under the provision of the Vehicle Code includ- 
ing, but not limited to. Section 22659, or Cal Expo regulations contained 
herein. 

(d) All individuals operating vehicles on the grounds of Cal Expo shall 
be properly licensed to operate such vehicles in accordance with the Cali- 
fornia Vehicle Code. The General Manager may authorize certain types 
of vehicles to be operated on the grounds of Cal Expo by other than li- 
censed operators. 

(e) No person shall operate or ride a bicycle, scooter, skateboard or 
other operator-propelled device on the grounds of Cal Expo unless au- 
thorized in writing by the General Manager. 

NOTE: Authority cited: Food and Agricultural Code, Section 3324. 

Chapter 15. Off-Highway Vehicle Grant 
Program Regulations 



Article 1. General Provisions 



§ 4970. Application of Chapter 15. 

NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.64(1) and (2), 5090.04, 5090.05, 5090. 10 and 5090.11, Pub- 
lic Resources Code. 

History 

1. New chapter 15 (articles 1-8, sections 4970-4970.30), article 1 (sections 
4970-4970. 1) and section filed 8-26-99 as an emergency; operative 8-26-99 
(Register 99, No. 35). A Certificate of Compliance must be transmitted to OAL 
by 1 2-24—99 or emergency language will be repealed by operation of law on 
the following day. 

2. New chapter 15, (articles 1-8, sections 4970-4970.30), article 1 (sections 
4970-4970.1) and section refiled 12-16-99 as an emergency; operative 
12-16-99 (Register 99, No. 51). A Certificate of Compliance must be trans- 
mitted to OAL by 4-14-2000 or emergency language will be repealed by opera- 
tion of law on the following day. 

3. New chapter 15, (articles 1-8, sections 4970-4970.30), article 1 (sections 
4970-4970.1) and section refiled 4-14-2000 as an emergency; operative 
4-14-2000 (Register 2000, No. 1 5). A Certificate of Compliance must be trans- 
mitted to OAL by 8-1 4-2000 or emergency language will be repealed by opera- 
tion of law on the following day. 

4. Repealer of chapter 15 (articles 1-8, sections 4970-4970.30) by operation of 
Government Code secfion 1 1346.1(g) (Register 2000, No. 37). 

5. Amendment oF chapter heading filed 4-1 1~2005 as an emergency; operative 
4-1 1-2005 (Register 2005, No. 1 5). A Certificate of Compliance must be trans- 
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera- 
tion of law on the following day. 



6. Amendment of chapter heading refiled 8-8-2005 as an emergency; operative 
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by 12-6-2005 or emergency language will be repealed by opera- 
tion of law on the following day. 

7. Amendment of chapter heading refiled 12-6-2005 as an emergency; operative 
1 2-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans- 
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera- 
tion of law on the following day. 

8. Refiling of emergency amendments to chapter heading and new section filed 
4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A 
Certificate of Compliance must be transmitted to (DAL by 8-1-2006 or emer- 
gency language will be repealed by operation of law on the following day. 

9. Amendment of chapter heading and new section refiled 7-31-2006 as an emer- 
gency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of Com- 
pliance must be transmitted to OAL by 11-28-2006 or emergency language 
will be repealed by operation of law on the following day. 

10. Reinstatement of chapter heading as il existed prior to 7-31-2006 emergency 
amendment by operation of Government Code section 1 1 346. 1(f) and repealer 
of section by operation of Government Code section 1 1 346. 1 (g) (Register 2007, 
No. 19). 

§ 4970.00. Definitions. 

NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer- 
ence: SecfioJis 4442, 4442.5, 5024.1, 5090.04, 5090.05, 5090.06, 5090.07, 
5090.10. 5090.11, 5090.32, 5090.35, 5090.50, 5090.51(b) and 5090.64(b)(1) and 
(2), Public Resources Code; Sections 111, 400, 436, 38000, 38001 , 38006, 38012 
and 38225(c), Vehicle Code; 42 U.S.C. 437 1 ; 43 U.S.C. 1601-1 624; 40 CFR part 
1500.1 et seq.; and Secfion 501(c)(-3), U.S. Internal Revenue Code. 

History 

1. New chapter 15 (articles 1-8, sections 4970-4970.31), article 1 (secfions 
4970.00-4970.01) and section filed 9-14-2000; operative 9-14-2000 pursuant 
to Government Code secfion 1 1343.4(d) (Register 2000, No. 37). 

2. Amendment of section and Note filed 4-7-2003 as an emergency; operative 
4-7-2003 (Register 2003, No. 15). A Certificate of CompUance must be trans- 
mitted to OAL by 8-5-2003 or emergency language will be repealed by opera- 
tion of law on the following day. 

3. Reinstatement of secfion as it existed prior to 4-7-2003 emergency amendment 
by operafion of Government Code section 1 1346.1(f) (Register 2003, No. 32). 

4. Amendment of section and Note refiled 8-8-2003 as an emergency; operative 
8-8-2003 (Register 2003, No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by 1 2-8-2003 or emergency language will be repealed by opera- 
fion of law on the following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. Amendment of section and Note filed 4-1 1-2005 as an emergency; operative 
4-1 1-2005 (Register 2005, No. 15). A Certificate of Compliance must be trans- 
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera- 
tion of law on the following day. 

7. Amendment of secfion and Note refiled 8-8-2005 as an emergency; operative 
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by 12-6-2005 or emergency language will be repealed by opera- 
tion of law on the following day. 

8. Amendment of secfion and Note refiled 1 2-6-2005 as an emergency; operative 
12-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans- 
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera- 
fion of law on the following day. 

9. Amendment of section and Note refiled 4—3-2006 as an emergency; operative 
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans- 
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera- 
tion of law on the following day. 

10. Amendment of section and Note refiled 7-31-2006 as an emergency; opera- 
tive 7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be 
transmiued to OAL by 1 1 -28-2006 or emergency language will be repealed by 
operation of law on the following day. 

11. Repealer of 7-31-2006 order by operafion of Government Code section 
1 1346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operafive 5-7-2007 (Register 2007, No. 19). 

§4970.01. Program Purpose. 

NOTE: Authority cited: Secfions 5001.5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.02 and 5090.32(d), PubUc Resources Code. 

History 

1. New section filed 9-14-2000; operafive 9-14-2000 pursuant to Government 
Code secfion 11343.4(d) (Register 2000, No. 37). 

2. Amendment of secfion and Note filed 4-7-2003 as an emergency; operative 
4-7-2003 (Register 2003, No. 15). A Cerfificate of Compliance must be trans- 
mitted to OAL by 8-5-2003 or emergency language will be repealed by opera- 
fion of law on the following day. 

3. Reinstatement of secfion as it existed prior to 4-7-2003 emergency amendment 
by operafion of Government Code secfion 1 1346.1(f) (Register 2003, No. 32). 

4. Amendment of section and Note refiled 8-8-2003 as an emergency; operative 
8-8-2003 (Register 2003, No. 32). A Cerfificate of CompUance must be trans- 



Page 469 



Register 2007, No. 19; 5-11-2007 



§ 4970.02 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



mitted to OAL by 12-8-2003 or emergency language will be repealed by opera- 
tion of law on the following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
1 1-17-2003 and Filed 12-31-2003 (Register 2004, No. 1). 

6. Amendment of section and NoTii filed 4-1 1-2005 as an emergency; operative 
4-1 1-2005 (Register 2005. No. 1 5). A Certificate of Compliance must be trans- 
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera- 
tion of law on the following day. 

7. Amendment of section and Note refiled 8-8-2005 as an emergency; operative 
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by 12-6-2005 or emergency language will be repealed by opera- 
tion of law on the following day. 

8. Amendment of section and Note refiled 12-6-2005 as an emergency; operafive 
1 2-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans- 
nutted to OAL by 4-5-2006 or emergency language will be repealed by opera- 
tion of law on the following day. 

9. Amendment of section and Note refiled 4-3-2006 as an emergency; operative 
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans- 
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera- 
tion of law on the following day. 

10. Amendment of section and Note refiled 7-31-2006 as an emergency; opera- 
tive 7-31-2006 (Register 2006. No. 31). A Certificate of ComplPance must be 
transmitted to OAL by 1 1-28-2006 or emergency language will be repealed by 
operation of law on the following day. 

11. Repealer of 7-31-2006 order by operation of Government Code section 
11346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19). 

§ 4970.02. Commission's Annual Program Review 
Meeting. 

Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer- 
ence: Section 5090.24(f) and 5090.32, Public Resources Code. 

History 

1. New article 2 (sections 4970.02-4970.08) and section filed 9-14-2000; opera- 
tive 9-14-2000 pursuant to Government Code secfion 11343.4(d) (Register 
2000, No. 37). 

2. Amendment of section heading and subsections (b)(1) and (b)(5), new subsec- 
tions (0-(f)(6) and amendment of Note filed 4-7-2003 as an emergency; op- 
erative 4-7-2003 (Register 2003, No. 15). A Certificate of Compliance must be 
transmitted to OAL by 8-5-2003 or emergency language will be repealed by 
operation of law on the following day. 

3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment 
by operation of Government Code section 1 1346.1(f) (Register 2003, No. 32). 

4. Amendment of section heading and subsections (b)(1) and (b)(5), new subsec- 
tions (f)-(0(6) and amendment of Note refiled 8-8-2003 as an emergency; op- 
erafive 8-8-2003 (Register 2003, No. 32). A Certificate of Compliance must be 
transmitted to OAL by 12-8-2003 or emergency language will be repealed by 
operation of law on the following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. Repealer of former article 2 heading and repealer and new section filed 
4-11 -2005 as an emergency; operafive 4-1 1-2005 (Register 2005, No. 15). A 
Certificate of Comphance must be transmitted to OAL by 8-9-2005 or emer- 
gency language will be repealed by operation of law on the following day. 

7. Repealer of former article 2 heading and repealer and new section refiled 
8-8-2005 as an emergency; operative 8-8-2005 (Register 2005, No. 32). A 
Certificate of Compliance must be transmitted to OAL by 12-6-2005 or emer- 
gency language will be repealed by operation of law on the following day. 

8. Repealer of former article 2 heading and repealer and new secfion refiled 
12-6-2005 as an emergency; operative 12-6-2005 (Register 2005, No. 49). A 
Certificate of Compliance must be transmitted to OAL by 4-5-2006 or emer- 
gency language will be repealed by operation of law on the following day. 

9. Repealer of former article 2 heading and repealer and new section refiled 
4-3-2006 as an emergency; operafive 4-3-2006 (Register 2006, No. 14). A 
Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emer- 
gency language will be repealed by operafion of law on the following day. 

10. Repealer of former article 2 heading and repealer and new section refiled 
7-31-2006 as an emergency; operafive 7-31-2006 (Register 2006, No. 31). A 
Certificate of Compliance must be transmitted to OAL by 1 1 -28-2006 or emer- 
gency language will be repealed by operation of law on the following day. 

11. Repealer of 7-31-2006 order by operation of Government Code secfion 
11346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operafive 5-7-2007 (Register 2007, No. 19). 

§ 4970.03. General Application Requirements. 

NotE: Authority cited: Secfions 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32, 5090.35, 5090.50, 5090.51 and 5090.53, Public Re- 
sources Code. 



History 

1. New section filed 9-14-2000; operafive 9-14-2000 pursuant to Government 
Code section 1 1343.4(d) (Register 2000, No. 37). 

2. Amendment of subsecfion (a), new subsecfion (c)(7), amendment of subsec- 
tions (f) and (k), repealer of subsections (k)(l)-(m) and amendment of Note 
filed 4-7-2003 as an emergency; operafive 4-7-2003 (Register 2003, No. 1 5). 
A Certificate of Compliance must be transmitted to OAL by 8-5-2003 or emer- 
gency language will be repealed by operafion of law on the following day. 

3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment 
by operafion of Government Code section 1 1346.1(f) (Register 2003, No. 32). 

4. Amendment of subsection (a), new subsecfion (c)(7), amendment of subsec- 
tions (0 and (k). repealer of subsecfions (k)(l )-(ra) and amendment of Note re- 
filed 8-8-2003 as an emergency; operative 8-8-2003 (Register 2003, No. 32). 
A Certificate of Compliance must be transmitted to OAL by 12-8-2003 or 
emergency language will be repealed by operafion of law on the following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. Repealer and new section filed 4-11-2005 as an emergency; operative 
4-1 1-2005 (Register 2005, No. 15). A Certificate of Complialice must be trans- 
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera- 
fion of law on the following day. 

7. Repealer and new section refiled 8-8-2005 as an emergency; operative 
8-8-2005 (Register 2005. No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by 1 2-6-2005 or emergency language will be repealed by opera- 
fion of law on the following day. 

8. Repealer and new section refiled 12-6-2005 as an emergency; operafive 
1 2-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans- 
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera- 
fion of law on the following day. 

9. Repealer and new section refiled 4-3-2006 as an emergency; operative 
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans- 
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera- 
fion of law on the following day. 

10. Repealer and new section refiled 7-31-2006 as an emergency; operafive 
7-31-2006 (Register 2006, No. 31). A Cerfificate of Compliance must be trans- 
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op- 
erafion of law on the following day. 

11. Repealer of 7-31-2006 order by operation of Government Code section 
1 1346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operafive 5-7-2007 (Register 2007, No. 19). 



Article 2. Types of Projects and Specific 
Application and Content Requirements 

§ 4970.04. Acquisition Projects. 

NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Section 5090.32 and 5090.50, Public Resources Code; Title 1, Division 7, 
Chapter 16, Section 7260 et seq.. Government Code. 

History 

1. New secfion filed 9-14-2000; operative 9-14-2000 pursuant to Government 
Code secfion 1 1343.4(d) (Register 2000, No. 37). 

2. Amendment of section heading, secfion and Note filed 4-7-2003 as an emer- 
gency; operafive 4-7-2003 (Register 2003, No. 15). A Certificate of Com- 
pliance must be transmitted to OAL by 8-5-2003 or emergency language will 
be repealed by operation of law on the following day. 

3. Reinstatement of secfion as it existed prior to 4-7-2003 emergency amendment 
by operafion of Government Code section 1 1346.1(0 (Register 2003, No. 32). 

4. Amendment of section heading, section and Note refiled 8-8-2003 as an emer- 
gency; operative 8-8-2003 (Register 2003, No. 32). A Certificate of Com- 
pfiance must be transmitted to OAL by 12-8-2003 or emergency language will 
be repealed by operafion of law on the following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. New article 2 heading and repealer and new secfion filed 4-1 1-2005 as an emer- 
gency; operafive 4-11-2005 (Register 2005, No. 15). A Certificate of Com- 
pliance must be transmitted to OAL by 8-9-2005 or emergency language will 
be repealed by operafion of law on the following day. 

7. New article 2 heading and repealer and new secfion refiled 8-8-2005 as an 
emergency; operative 8-8-2005 (Register 2005, No. 32). A Certificate of Com- 
pliance must be transmitted to OAL by 1 2-6-2005 or emergency language will 
be repealed by operation of law on the following day. 

8. New article 2 heading and repealer and new section refiled 12-6-2005 as an 
emergency; operative 12-6-2005 (Register 2005, No. 49). A Certificate of 
Compliance must be transmitted to OAL by 4-5-2006 or emergency language 
will be repealed by operation of law on the following day. 

9. New article 2 heading and repealer and new secfion refiled 4—3-2006 as an 
emergency; operafive 4-3-2006 (Register 2006, No. 14). A Certificate of Com- 
pliance must be transmitted to OAL by 8-1-2006 or emergency language will 
be repealed by operation of law on the following day. 



Page 470 



Register 2007, No. 19; 5-11-2007 



Title 14 



Department of Parks and Recreation 



§ 4970.08 



• 



10. New article 2 heading and repealer and new section refiled 7-3 1-2006 as an 
emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of 
Compliance inust be transmitted to OAL by 11-28-2006 or emergency lan- 
guage will be repealed by operation of law on the following day. 

11. Repealer of 7-31-2006 order by operation of Government Code section 
1 1 346.1(g) (Register 2007, No. 19). 

12. Repealer of article 2 (sections 4970.04-4970.09) and section filed 5-7-2007; 
operative 5-7-2007 (Register 2007, No. 19). 

§ 4970.05, Development Projects. 

NOTE: Authority cited: Secfions 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32 and 5090.50, Public Resources Code; Public Law 
101-336, July 26, 1990, 104 Stat. 327. 

History 

1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government 
Code section 1 1343.4(d) (Register 2000, No. 37). 

2. Amendment of section and Note filed 4-7-2003 as an emergency; operative 
4-7-2003 (Register 2003, No. 15). A Certificate of Compliance must be trans- 
mitted to OAL by 8-5-2003 or emergency language will be repealed by opera- 
tion of law on the following day. 

3. Reinstatement of secfion as it existed prior to 4-7-2003 emergency amendment 
by operation of Government Code secfion 11346.1(0 (Register 2003, No. 32). 

4. Amendment of secfion and Note refiled 8-8-2003 as an emergency; operative 
8-8-2003 (Register 2003, No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by 1 2-8-2003 or emergency language will be repealed by opera- 
fion of law on the following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1 ). 

6. Repealer and new section filed 4-11-2005 as an emergency; operative 
4-1 1-2005 (Register 2005, No. 1 5). A Certificate of Compliance must be trans- 
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera- 
fion of law on the following day. 

7. Repealer and new section refiled 8-8-2005 as an emergency; operative 
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by 1 2-6-2005 or emergency language will be repealed by opera- 
fion of law on the following day. 

8. Repealer and new section refiled 12-6-2005 as an emergency; operative 
12-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans- 
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera- 
fion of law on the following day. 

9. Repealer and new section refiled 4-3-2006 as an emergency; operative 
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans- 
mitted to OAL by 8-1-2006 or emergency language will be repealed by dpera- 
fion of law on the following day. 

10. Repealer and new secfion refiled 7-31-2006 as an emergency; operative 
7-3 1-2006 (Register 2006, No. 3 1). A Certificate of Compliance must be trans- 
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op- 
eration of law on the following day. 

11. Repealer of 7-31-2006 order by operation of Government Code section 
11346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19). 

§ 4970.06. Equipment Projects. 

NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32 and 5090.50, Public Resources Code. 

History 

1. New section filed 9-14-2000; operafive 9-14-2000 pursuant to Government 
Code section 1 1343.4(d) (Register 2000, No. 37). 

2. Amendment of secfion and NOTE filed 4-7-2003 as an emergency; operafive 
4-7-2003 (Register 2003, No. 15). A Certificate of Compliance must be trans- 
mitted to OAL by 8-5-2003 or emergency language will be repealed by opera- 
fion of law on the following day. 

3 . Reinstatement of section as it existed prior to 4-7-2003 emergency amendment 
by operafion of Government Code secfion 11346.1(f) (Register 2003, No. 32). 

4. Amendment of secfion and Note refiled 8-8-2003 as an emergency; operafive 
8-8-2003 (Register 2003, No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by 12-8-2003 or emergency language will be repealed by opera- 
tion of law on the following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. Repealer and new section filed 4-11-2005 as an emergency; operative 
4-1 1-2005 (Register 2005, No. 1 5). A Certificate of Compliance must be trans- 
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera- 
fion of law on the following day. 

7. Repealer and new section refiled 8-8-2005 as an emergency; operafive 
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by 12-6-2005 or emergency language will be repealed by opera- 
fion of law on the following day. 



8. Repealer and new section refiled 12-6-2005 as an emergency; operative 
12-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans- 
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera- 
fion of law on the following day. 

9. Repealer and new section refiled 4-3-2006 as an emergency; operative 
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans- 
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera- 
fion of law on the tbllowing day. 

10. Repealer and new section refiled 7-31-2006 as an emergency; operative 
7-3 1-2006 (Register 2006, No. 3 1 ). A Certificate of Compliance must be trans- 
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op- 
eration of law on the following day. 

11. Repealer of 7-31-2006 order by operafion of Government Code section 
11346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19). 

§ 4970.07. Facilities Operation and Maintenance (FO&M) 
Projects. 

NOTE: Authority cited: Secfions 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32 and 5090.50, Public Resource Code. 

History 

1. New section filed 9-14-2000; operafive 9-14-2000 pursuant to Government 
Code section 1 1 343.4(d) (Register 2000, No. 37). 

2. Amendment of section heading, section and Note filed 4-7-2003 as an emer- 
gency; operafive 4-7-2003 (Register 2003, No. 15). A Certificate of Com- 
pfiance must be transmitted to OAL by 8-5-2003 or emergency language will 
be repealed by operafion of law on the following day. 

3. Reinstatement of secfion as it existed prior to 4-7-2003 emergency amendment 
by operafion of Government Code section 11346.1(f) (Register 2003, No. 32). 

4. Amendment of secfion heading, section and Note refiled 8-8-2003 as an emer- 
gency; operafive 8-8-2003 (Register 2003, No. 32). A Certificate of Com- 
pliance must be transmitted to OAL by 12-8-2003 or emergency language will 
be repealed by operation of law on the following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. Repealer and new section filed 4-11-2005 as an emergency; operative 
4-1 1-2005 (Register 2005, No. 15). A Certificate of Compliance must be trans- 
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera- 
fion of law on the following day. 

7. Repealer and new secfion refiled 8-8-2005 as an emergency; operative 
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by 1 2-6-2005 or emergency language will be repealed by opera- 
fion of law on the following day. 

8. Repealer and new secfion refiled 12-6-2005 as an emergency; operative 
12-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans- 
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera- 
tion of law on the following day. 

9. Repealer and new section refiled 4-3-2006 as an emergency; operafive 
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans- 
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera- 
fion of law on the following day. 

10. Repealer and new section refiled 7-31-2006 as an emergency; operative 
7-31-2006 (Register 2006, No. 31). ACertificate of Compliance must be trans- 
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op- 
eration of law on the following day. 

11. Repealer of 7-31-2006 order by operafion of Government Code section 
11346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19). 

§ 4970.08. Law Enforcement Projects. 

NOTE: Authority cited: Secfions 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Secfions 5090.32, 5090.50 and 5090.64(b)(2), Public Resources Code; and 
Section 38000, Vehicle Code. 

History 

1. New secfion filed 9-14-2000; operative 9-14-2000 pursuant to Government 
Code section 11343.4(d) (Register 2000, No. 37). 

2. Amendment of secfion and Note filed 4-7-2003 as an emergency; operative 
4-7-2003 (Register 2003, No. 15). A Certificate of Compliance must be trans- 
mitted to OAL by 8-5-2003 or emergency language will be repealed by opera- 
fion of law on the following day. 

3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment 
by operafion of Government Code section 11346.1(f) (Register 2003, No. 32). 

4. Amendment of secfion and Note refiled 8-8-2003 as an emergency; operafive 
8-8-2003 (Register 2003, No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by 12-8-2003 or emergency language will be repealed by opera- 
fion of law on the following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. Repealer and new section filed 4-11-2005 as an emergency; operative 
4-1 1-2005 (Register 2005, No. 15). A Certificate of CompHance must be trans- 



Page 470.1 



Register 2007, No. 19; 5-11-2007 



§ 4970.09 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



mitted to OAL by 8-9-2005 or emergency language will be repealed by opera- 
tion of law on the following day. 

7. Repealer and new section refiled 8-8-2005 as an emergency; operative 
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by J 2-6-2005 or emergency language will be repealed by opera- 
tion of law on the following day. 

8. Repealer and new section refiled 12-6-2005 as an emergency; operative 
12-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans- 
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera- 
tion of law on the following day. 

9. Repealer and new section refiled 4-3-2006 as an emergency; operative 
4-3-2006 (Register 2006. No. 14). A Ceitificate of Compliance must be trans- 
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera- 
tion of law on the following day. 

10. Repealer and new section refiled 7-31-2006 as an emergency; operative 
7-3 1 -2006 (Register 2006, No. 3 1 ). A Certificate of Compliance must be trans- 
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op- 
eration of law on the following day. 

11. Repealer of 7-31-2006 order by operation of Government Code section 
1 1346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19). 
§ 4970.09. OHV Safety or Education Program Projects. 

NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32 and 5090.50, Public Resources Code. 

History 

1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government 
Code section 11 343.4(d) (Register 2000, No. 37). 

2. Renumbering of former section 4970.09 to section 4970.10 and new section 
4970.09 filed 4-7-2003 as an emergency; operative 4-7-2003 (Register 2003, 
No. 15). A Certificate of Compliance must be transiTiitted to OAL by 8-5-2003 
or emergency language will be repealed by operation of law on the following 
day. 

3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment 
by operation of Government Code section 1 1346.1(f) (Register 2003, No. 32). 

4. Renumbering of former section 4970.09 to section 4970.10 and new section 
4970.09 refiled 8-8-2003 as an emergency; operative 8-8-2003 (Register 
2003, No. 32). A Certificate of Compliance must be transmitted to OAL by 
12-8-2003 or emergency language will be repealed by operation of law on the 
following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. Repealer and new section filed 4-11-2005 as an emergency; operative 
4-1 1-2005 (Register 2005, No. 15). A Certificate of Compliance must be trans- 
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera- 
tion of law on the following day. 

7. Repealer and new section refiled 8-8-2005 as an emergency; operafive 
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by 1 2-6-2005 or emergency language will be repealed by opera- 
tion of law on the following day. 

8. Repealer and new section refiled 12-6-2005 as an emergency; operative 
12-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans- 
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera- 
tion of law on the following day. 

9. Repealer and new section refiled 4-3-2006 as an emergency; operative 
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans- 
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera- 
tion of law on the following day. 

10. Repealer and new section refiled 7-31-2006 as an emergency; operative 
7-3 1-2006 (Register 2006, No. 3 1 ). A Certificate of Compliance must be trans- 
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op- 
eration of law on the following day. 

11. Repealer of 7-31-2006 order by operation of Government Code section 
11346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19). 

§4970.10. Planning Projects. 

Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer- 
ence: Sections 5024.1, 5090.32 and 5090.50, Public Resources Code. 

History 

1. New article 3 (sections 4970.09-4970.15) and section filed 9-14-2000; opera- 
tive 9-14-2000 pursuant to Government Code section 11343.4(d) (Register 
2000, No. 37). 

2. Renumbering of former section 4970. 10 to section 4970.1 1 and renumbering of 
former section 4970.09 to section 4970. 10, including amendment of section and 
Note, filed 4-7-2003 as an emergency; operative 4-7-2003 (Register 2003, 
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-2003 
or emergency language will be repealed by operation of law on the following 
day. 



3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment 
by operation of Government Code secfion 11346.1(f) (Register 2003, No. 32). 

4. Renumbering of former section 4970. 10 to section 4970. 1 1 and renumbering of 
former section 4970.09 to section 4970.1 0, including amendment of section and 
Note, refiled 8-8-2003 as an emergency; operative 8-8-2003 (Register 2003, 
No. 32). A Certificate of Compliance must be transmitted to OAL by 
12-8-2003 or emergency language will be repealed by operation of law on the 
following day. 

5. Certificate of Compliance as to 8-8-2003 order, including further amendment 
of subsection (a), transmitted to OAL 11-1 7-2003 and filed 12-31-2003 (Reg- 
ister 2004, No. 1). 

6. Repealer of former article 3 heading and repealer and new section filed 
4-1 1-2005 as an emergency; operafive 4-1 1-2005 (Register 2005, No. 15). A 
Certificate of Compliance must be transmitted to OAL by 8-9-2005 or emer- 
gency language will be repealed by operation of law on the following day. 

7. Repealer of former article 3 heading and repealer and new section refiled 
8-8-2005 as an emergency; operative 8-8-2005 (Register 2005, No. 32). A 
Certificate of Compliance must be transmitted to OAL by 12-6-2005 or emer- 
gency language will be repealed by operafion of law on the following day. 

8. Repealer of former article 3 heading and repealer and new section refiled 
12-6-2005 as an emergency; operative 12-6-2005 (Register 2005, No. 49). A 
Certificate of Compliance must be transmitted to OAL by 4-5-2006 or emer- 
gency language will be repealed by operation of law on the following day. 

9. Repealer of former article 3 heading and repealer and new section refiled 
4-3-2006 as an emergency; operative 4-3-2006 (Register 2006, No. 14). A 
Certificate of Compliance must be transmitted to OAL by 8-1-2006 or emer- 
gency language will be repealed by operation of law on the following day. 

10. Repealer of former article 3 heading and repealer and new section refiled 
7-31-2006 as an emergency; operative 7-31-2006 (Register 2006, No. 31). A 
Certificate of Compliance must be transmitted to OAL by 1 1-28-2006 or emer- 
gency language will be repealed by operation of law on the following day. 

11. Repealer of 7-31-2006 order by operafion of Government Code section 
11346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operafive 5-7-2007 (Register 2007, No. 19). 

§ 4970.1 1 . Resource Management Projects. 

NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32 and 5090.50, Public Resources Code. 

History 

1. New section filed 9-14-2000; operafive 9-14-2000 pursuant to Government 
Code section 1 1343.4(d) (Register 2000, No. 37). 

2. Renumbering of former section 4970. 1 1 to section 4970. 12 and renumbering of 
former secfion 4970. 1 to section 4970. 1 1 , including amendment of secfion and 
Note, filed 4-7-2003 as an emergency; operafive 4-7-2003 (Register 2003, 
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-2003 
or emergency language will be repealed by operafion of law on the following 
day. 

3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment 
by operation of Government Code section 1 1346.1(f) (Register 2003, No. 32). 

4. Renumbering of former section 4970.1 1 to section 4970.12 and renumbering of 
former section 4970. 1 to section 4970. 1 1 , incl udi ng amendment of section and 
Note, refiled 8-8-2003 as an emergency; operative 8-8-2003 (Register 2003, 
No. 32). A Certificate of Compliance must be transmitted to OAL by 
12-8-2003 or emergency language will be repealed by operation of law on the 
following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. Repealer and new section filed 4-11-2005 as an emergency; operative 
4-11-2005 (Register 2005, No. 15). A Certificate of Compliance must be trans- 
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera- 
fion of law on the following day. 

7. Repealer and new secfion refiled 8-8-2005 as an emergency; operative 
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by 1 2-6-2005 or emergency language will be repealed by opera- 
tion of law on the following day. 

8. Repealer and new secfion refiled 12-6-2005 as an emergency; operafive 
12-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans- 
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera- 
fion of law on the following day. 

9. Repealer and new section refiled 4-3-2006 as an emergency; operafive 
4-3-2006 (Register 2006, No. 14). A Certificate of Comphance must be trans- 
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera- 
fion of law on the following day. 

10. Repealer and new section refiled 7-31-2006 as an emergency; operative 
7-31-2006 (Register 2006, No. 31 ). A Certificate of Compliance must be trans- 
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op- 
eration of law on the following day. 

11. Repealer of 7-31-2006 order by operation of Government Code section 
11346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operafive 5-7-2007 (Register 2007, No. 19). 



Page 470.2 



Register 2007, No. 19; 5-11-2007 



Title 14 



Department of Parks and Recreation 



§ 4970.15 



§4970.12. Restoration Projects. 

Note; Authority cited: Sections 500] .5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32, 5090.50 and 5090.64(a), Public Resources Code. 

History 

1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government 
Code section 11 343.4(d) (Register 2000, No. 37). 

2. Renumbering of former section 4970.12 to section 4970.13 and renumbering 
and amendment of former section 4970.1 1 to section 4970.12 filed 4-7-2003 
as an emergency; operative 4-7-2003 (Register 2003, No. 1 5). A Certificate of 
Compliance must be transmitted to OAL by 8-5-2003 or emergency language 
will be repealed by operation of law on the following day. 

3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment 
by operation of Government Code section 1 1346.1(f) (Register 2003, No. 32). 

4. Renumbering of former section 4970.12 to section 4970.13 and renumbering 
and amendment of former section 4970. 1 1 to section 4970. 12 refiled 8-8-2003 
as an emergency; operative 8-8-2003 (Register 2003, No. 32). A Certificate of 
Compliance must be transmitted to OAL by J 2-8-2003 or emergency language 
will be repealed by operation of law on the following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. Repealer and new section filed 4-11-2005 as an emergency; operative 
4-1 1-2005 (Register 2005, No. 1 5). A Certificate of Compliance must be trans- 
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera- 
tion of law on the following day. 

7. Repealer and new section refiled 8-8-2005 as an emergency; operative 
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by 12-6-2005 or emergency language will be repealed by opera- 
tion of law on the following day. 

8. Repealer and new section refiled 12-6-2005 as an emergency; operative 
1 2-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans- 
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera- 
tion of law on the following day. 

9. Repealer and new section refiled 4-3-2006 as an emergency; operative 
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans- 
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera- 
tion of law on the following day. 

10. Repealer and new section refiled 7-31-2006 as an emergency; operative 
7-31-2006 (Register 2006, No. 3 1). A Certificate of Comphance must be trans- 
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op- 
eration of law on the following day. 

11. Repealer of 7-31-2006 order by operation of Government Code section 
11346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19). 

§ 4970.13. Studies And Scientific Research Projects. 

NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Sections 5024.1, 5090.32, and 5090.50, PubUc Resources Code. 

History 

1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government 
Code section 1 1343.4(d) (Register 2000, No. 37). 

2. Renumbering of former section 4970. 1 3 to section 4970. 14 and renumbering of 
former section 4970.12 to section 4970.13, including amendment of section 
heading, section and Note, filed 4-7-2003 as an emergency; operarive 
4-7-2003 (Register 2003, No. 15). A Certificate of Compliance must be trans- 
mitted to OAL by 8-5-2003 or emergency language will be repealed by opera- 
tion of law on the following day. 

3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment 
by operation of Government Code section 1 1346.1(f) (Register 2003, No. 32). 

4. Renumbering of former section 4970.13 to section 4970.14 and renumbering of 
former section 4970.12 to secdon 4970.13, including amendment of section 
heading, section and Note, refiled 8-8-2003 as an emergency; operative 
8-8-2003 (Register 2003, No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by 12-8-2003 or emergency language will be repealed by opera- 
tion of law on the following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. Repealer and new section filed 4-11-2005 as an emergency; operarive 
4-1 1-2005 (Register 2005, No. 15). A Certificate of Compliance must be trans- 
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera- 
lion of law on the following day. 

7. Repealer and new section refiled 8-8-2005 as an emergency; operative 
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by 1 2-6-2005 or emergency language will be repealed by opera- 
tion of law on the following day. 

8. Repealer and new section refiled 12-6-2005 as an emergency; operative 
12-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans- 
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera- 
tion of law on the following day. 

9. Repealer and new section refiled 4-3-2006 as an emergency; operative 
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans- 



mitted to OAL by 8-1-2006 or emergency language will be repealed by opera- 
tion of law on the following day. 

10. Repealer and new section refiled 7-31-2006 as an emergency; operative 
7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be trans- 
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op- 
eration of law on the following day. 

11. Repealer of 7-31-2006 order by operation of Government Code section 
1 1346. Kg) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19). 

§ 4970.14. Trail Maintenance, Trail Conservation, and Trail 
Reroute Projects. 

NOTE; Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32 and 5090,50, Public Resources Code. 

History 

1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government 
Code section 1 1343.4(d) (Register 2000, No. 37). 

2. Renumbering of former section 4970.14 to section 4970. 15 and renumbering of 
former section 4970. 13 to section 4970. 14, including amendment of section and 
Note, filed 4-7-2003 as an emergency; operative 4-7-2003 (Register 2003, 
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-2003 
or emergency language will be repealed by operation of law on the following 
day. 

3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment 
by operation of Government Code section 1 1346.1(f) (Register 2003, No. 32). 

4. Renumbering of former section 4970.14 to section 4970. 15 and renumbering of 
former section 4970. 13 to section 4970. 14, including amendment of section and 
Note, refiled 8-8-2003 as an emergency; operative 8-8-2003 (Register 2003, 
No. 32). A Certificate of Compliance must be transmitted to OAL by 
12-8-2003 or emergency language will be repealed by operation of law on the 
following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. Repealer and new section filed 4-11-2005 as an emergency; operative 
4-1 1-2005 (Register 2005, No. 1 5). A Certificate of Compliance must be trans- 
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera- 
tion of law on the following day. 

7. Repealer and new section refiled 8-8-2005 as an emergency; operative 
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by 12-6-2005 or emergency language will be repealed by opera- 
tion of law on the following day. 

8. Repealer and new section refiled 12-6-2005 as an emergency; operative 
12-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans- 
rriitted to OAL by 4-5-2006 or emergency language will be repealed by opera- 
tion of law on the following day. 

9. Repealer and new secdon refiled 4-3-2006 as an emergency; operative 
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans- 
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera- 
don of law on the following day. 

10. Repealer and new secdon refiled 7-31-2006 as an emergency; operative 
7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be trans- 
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op- 
eradon of law on the following day. 

11. Repealer of 7-31-2006 order by operation of Government Code section 
11346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19). 



Article 3. 



Environmental and Match 
Requirements 



§ 4970.15. CEQA Requirements. 

NOTE; Authority cited: Secdons 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32 and 5090.50(g), Public Resources Code. 

History 

1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government 
Code section 11343.4(d) (Register 2000, No. 37). 

2. Renumbering of former section 4970. 1 5 to secdon 4970. 16 and renumbering of 
former secdon 4970. 14 to secdon 4970. 1 5, including amendment of section and 
Note, filed 4-7-2003 as an emergency; operative 4-7-2003 (Register 2003, 
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-2003 
or emergency language will be repealed by operation of law on the following 
day. 

3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment 
by operadon of Government Code section 11346.1(f) (Register 2003, No. 32). 

4. Renumbering of former secdon 4970.15 to secdon 4970. 16 and renumbering of 
former section 4970. 1 4 to section 4970. 1 5, including amendment of secdon and 
Note, refiled 8-8-2003 as an emergency; operadve 8-8-2003 (Register 2003, 
No. 32). A Certificate of Compliance must be transmitted to OAL by 



Page 470.3 



Register 2007, No. 19; 5-11-2007 



§ 4970.16 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



1 2-8-2003 or emergency language will be repealed by operation of law on the 
following clay. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. New article 3 heading and repealer and new section filed 4-1 1-2005 as an emer- 
gency; operative 4-1 1-2005 (Register 2005, No. 15). A Certificate of Com- 
pliance must be transmitted to OAL by 8-9-2005 or emergency language will 
be repealed by operation of law on the following day. 

7. New article 3 heading and repealer and new section refiled 8-8-2005 as an 
emergency; operative 8-8-2005 (Register 2005, No. 32). A Certificate of Com- 
pliance must be transmitted to OAL by 1 2-6-2005 or emergency language will 
be repealed by operation of law on the following day. 

8. New article 3 heading and repealer and new section refiled 12-6-2005 as an 
emergency; operative 12-6-2005 (Register 2005, No. 49). A Certificate of 
Compliance must be transmitted to OAL by 4-5-2006 or emergency language 
will be repealed by operation of law on the following day. 

9. New article 3 heading and repealer and new section refiled 4-3-2006 as an 
emergency; operafive 4-3-2006 (Register 2006, No. 14). A Certificate of Com- 
pliance must be transmitted to OAL by 8-1-2006 or emergency language will 
be repealed by operation of law on the following day. 

10. New article 3 heading and repealer and new section refiled 7-31-2006 as an 
ejTiergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of 
Compliance must be transmitted to OAL by 11-28-2006 or emergency lan- 
guage will be repealed by operafion of law on the following day. 

11. Repealer of 7-31-2006 order by operation of Government Code section 
1 1346.1(g) (Register 2007, No. 19). 

12. Repealer of article 3 (sections 4970.15-4970.18) and section filed 5-7-2007; 
operative 5-7-2007 (Register 2007, No. 19). 

§ 4970.1 6. Wildlife Habitat Protection Program (WHPP) / 
Habitat Management Program (HMP). 

NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Section 5090.32, 5090.35, 5090.50 and 5090.53, PubHc Resources Code. 

History 

1. New article 4 (sections 4970.16-4970.22) and section filed 9-14-2000; opera- 
tive 9-14-20()0 pursuant to Government Code section 11343.4(d) (Register 
2000, No. 37). 

2. Renumbering of former section 4970. 16 to section 4970. 17 and renumbering of 
former section 4970. 1 5 to section 4970. 16, including amendment of secfion and 
Note, filed 4-7-2003 as an emergency; operative 4-7-2003 (Register 2003, 
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-2003 
or emergency language will be repealed by operation of law on the following 
day. 

3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment 
by operation of Government Code section 1 1346.1(f) (Register 2003, No. 32). 

4. Renumbering of former section 4970.16 to section 4970.17 and renumbering of 
former section 4970.15 to section 4970.16, including amendment of section and 
Note, refiled 8-8-2003 as an emergency; operative 8-8-2003 (Register 2003, 
No. 32). A Certificate of Compliance must be transmitted to OAL by 
1 2-8-2003 or emergency language will be repealed by operation of law on the 
following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. Repealer and new section filed 4-11-2005 as an emergency; operative 
4-1 1-2005 (Register 2005, No. 15). A Certificate of Comphance must be trans- 
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera- 
tion of law on the following day. 

7. Repealer and new section refiled 8-8-2005 as an emergency; operative 
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by 12-6-2005 or emergency language will be repealed by opera- 
tion of law on the following day. 

8. Repealer and new section refiled 12-6-2005 as an emergency; operafive 
12-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans- 
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera- 
tion of law on the following day. 

9. Repealer and new secfion refiled 4-3-2006 as an emergency; operative 
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans- 
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera- 
fion of law on the following day. 

10. Repealer and new section refiled 7-31-2006 as an emergency; operative 
7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be trans- 
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op- 
eration of law on the following day. 

1 1. Repealer of 7-31-2006 order by operafion of Government Code section 
11346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operafive 5-7-2007 (Register 2007, No. 19). 

§ 4970.17, Soil Conservation Program. 

NOTE: Authority cited: Secfions 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Secfion 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code. 



History 

1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government 
Code secfion 1 1 343.4(d) (Register 2000, No. 37). 

2. Renumbering of former section 4970.1 7 to section 4970. 18 and renumbering of 
former secfion 4970.16 to secfion 4970.17, including amendment of section 
heading, section and Note, filed 4-7-2003 as an emergency; operative 
4-7-2003 (Register 2003, No. 15). A Certificate of Compliance must be trans- 
mitted to OAL by 8-5-2003 or emergency language will be repealed by opera- 
fion of law on the following day. 

3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment 
by operation of Government Code secfion 1 1346.1(f) (Register 2003, No. 32). 

4. Renumbering of former section 4970.1 7 to secfion 4970. 18 and renumbering of 
former section 4970.16 to secfion 4970.17, including amendment of section 
heading, section and Note, refiled 8-8-2003 as an emergency; operative 
8-8-2003 (Register 2003, No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by 12-8-2003 or emergency language will be repealed by opera- 
fion of law on the following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. Repealer of former article 4 heading and repealer and new secfion filed 
4-1 1-2005 as an emergency; operative 4-1 1-2005 (Register 2005, No. 15). A 
Certificate of Compliance must be transmitted to OAL by 8-9-2005 or emer- 
gency language will be repealed by operation of law on the following day. 

7. Repealer of former article 4 heading and repealer and new section refiled 
8-8-2005 as an emergency; operafive 8-8-2005 (Register 2005, No. 32). A 
Certificate of Compliance must be transmitted to OAL by 12-6-2005 or emer- 
gency language will be repealed by operation of law on the following day. 

8. Repealer of former article 4 heading and repealer and new section refiled 
12-6-2005 as an emergency; operative 12-6-2005 (Register 2005, No. 49). A 
Certificate of Compliance must be transmitted to OAL by 4-5-2006 or emer- 
gency language will be repealed by operation of law on the following day. 

9. Repealer of former article 4 heading and repealer and new secfion refiled, in- 
cluding amendments to subsecfion (d), 4-3-2006 as an emergency; operative 
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans- 
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera- 
fion of law on the following day. 

1 0. Repealer of former article 4 heading and repealer and new secfion refiled, in- 
cluding amendments to subsection (d), 7-31-2006 as an emergency; operative 
7-31-2006 (Register 2006, No. 31). A Certificate of Compliance must be trans- 
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op- 
eration of law on the following day. 

11. Repealer of 7-31-2006 order by operation of Government Code section 
11346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19). 

§4970.18. Match Requirements. 

NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Secfion 5090.51, Public Resources Code. 

History 

1. New secfion filed 9-14-2000; operative 9-14-2000 pursuant to Government 
Code secfion 11 343 .4(d) (Register 2000, No. 37). 

2. Renumbering of former section 4970. 18 to secfion 4970. 19 and renumbering of 
former section 4970.17 to section 4970.1 8, including amendment of secfion and 
Note, filed 4-7-2003 as an emergency; operative 4-7-2003 (Register 2003, 
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-2003 
or emergency language will be repealed by operafion of law on the following 
day. 

3. Reinstatement of secfion as it existed prior to 4-7-2003 emergency amendment 
by operation of Government Code section 11346.1(f) (Register 2003, No. 32). 

4. Renumbering of former secfion 4970. 1 8 to section 4970. 1 9 and renumbering of 
former section 4970. 17 to secfion 4970. 1 8, including amendment of section and 
Note, refiled 8-8-2003 as an emergency; operative 8-8-2003 (Register 2003, 
No. 32). A Certificate of Compliance must be transmitted to OAL by 
12-8-2003 or emergency language will be repealed by operation of law on the 
following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. Repealer and new section filed 4-11-2005 as an emergency; operative 
4-1 1-2005 (Register 2005, No. 15). A Certificate of Compliance must be trans- 
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera- 
fion of law on the following day. 

7. Repealer and new section refiled 8-8-2005 as an emergency; operafive 
8-8-2005 (Register 2005, No. 32). A Certificate of Comphance must be trans- 
mitted to OAL by 1 2-6-2005 or emergency language will be repealed by opera- 
fion of law on the following day. 

8. Repealer and new secfion refiled 12-6-2005 as an emergency; operative 
12-6-2005 (Register 2005, No. 49). A Certificate of Comphance must be trans- 
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera- 
fion of law on the following day. 

9. Repealer and new section refiled 4-3-2006 as an emergency; operative 
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans- 



Page 470.4 



Register 2007, No. 19; 5-11-2007 



Title 14 



Department of Parks and Recreation 



§ 4970.21 



mitted to OAL by 8-1-2006 or emergency language will be repealed by opera- 
tion of law on the following day. 

10. Repealer and new section refiled 7-31-2006 as an emergency; operative 
7-31-2006 (Register 2006, No. 31). A Certificate of Compliance rtiust be trans- 
initted to OAL by 1 1-28-2006 or emergency language will be repealed by op- 
eration of law on the following day. 

11. Repealer of 7-31-2006 order by operation of Government Code section 
1 1346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19). 



Article 4. Application Evaluation System 

§ 4970.19. Application Evaluation System. 

NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.24 and 5090.32, Public Resources Code. 

History 

1. New section filed 9-14-2000: operative 9-14-2000 pursuant to Government 
Code section 1 1343.4(d) (Register 2000, No. 37). 

2. Renumbering of former section 4970. 1 9 to section 4970.20 and renumbering of 
former section 4970. 1 8 to section 4970. 1 9, including amendment of section and 
Note, filed 4-7-2003 as an emergency; operative''4-7-2003 (Register 2003, 
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-2003 
or emergency language will be repealed by operation of law on the following 
day. 

3. Reinstatement of section as it existed prior to 4—7-2003 emergency amendment 
by operation of Government Code section 11346.1(1) (Register 2003, No. 32). 

4. Renumbering of former section 4970. 1 9 to section 4970.20 and renumbering of 
former section 4970. 1 8 to section 4970. 19, including amendment of section and 
Note, refiled 8-8-2003 as an emergency; operative 8-8-2003 (Register 2003, 
No. 32). A Certificate of Compliance must be transmitted to OAL by 
12-8-2003 or emergency language will be repealed by operation of law on the 
following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. New article 4 heading and repealer and new section filed 4-1 1-2005 as an emer- 
gency; operative 4-11-2005 (Register 2005, No. 15). A Certificate of Com- 
pliance must be transmitted to OAL by 8-9-2005 or emergency language will 
be repealed by operation of law on the following day. 

7. New article 4 heading and repealer and new secfion refiled 8-8-2005 as an 
emergency; operative 8-8-2005 (Register 2005, No. 32). A Certificate of Com- 
pliance must be transmitted to OAL by 12-6-2005 or emergency language will 
be repealed by operation of law on the following day. 

8. New article 4 heading and repealer and new section refiled 12-6-2005 as an 
emergency; operative 12-6-2005 (Register 2005, No. 49). A Certificate of 
Compliance must be transmitted to OAL by 4-5-2006 or emergency language 
will be repealed by operation of law on the following day. 

9. New article 4 heading and repealer and new section refiled 4-3-2006 as an 
emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Com- 
pliance must be transmitted to OAL by 8-1-2006 or emergency language will 
be repealed by operation of law on the following day. 

10. New article 4 heading and repealer and new section refiled 7-31-2006 as an 
emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of 
Compliance must be transmitted to OAL by 11-28-2006 or emergency lan- 
guage will be repealed by operation of law on the following day. 

11. Repealer of 7-31-2006 order by operation of Government Code secfion 
11346.1(g) (Register 2007, No. 19). 

12. Repealer of article 4 (sections 4970.19-4970.20) and section filed 5-7-2007; 
operative 5-7-2007 (Register 2007, No. 19). 

§ 4970.20. Commission Allocation of Funds and Approval 
of Grants and Cooperative Agreements 
Program Applications. 

NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32 and 5090.61, Public Resources Code. 

History 

1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government 
Code section 11343.4(d) (Register 2000, No. 37). 

2. Renumbering of former section 4970.20 to section 4970.21 and renumbering of 
former section 4970. 1 9 to section 4970.20, including amendment of Note, filed 
4-7-2003 as an emergency; operative 4-7-2003 (Register 2003, No. 15). A 
Certificate of Compliance must be transmitted to OAL by 8-5-2003 or emer- 
gency language will be repealed by operation of law on the following day. 

3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment 
by operation of Government Code section 1 1346.1(f) (Register 2003, No. 32). 

4. Renumbering of former section 4970.20 to section 4970.2 1 and renumbering of 
former section 4970.19 to section 4970.20, including amendment of Note, re- 
filed 8-8-2003 as an emergency; operative 8-8-2003 (Register 2003, No. 32). 



A Certificate of Compliance must be transmitted to OAL by 12-8-2003 or 
emergency language will be repealed by operation of law on the following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. Repealer and new section filed 4-11-2005 as an emergency; operative 
4-1 1-2005 (Register 2005, No. 15). A Certificate of Compliance must be trans- 
mitted to OAL by 8-9-2005 or emergency language will be repealed by opera- 
tion of law on the following day. 

7. Repealer and new section refiled 8-8-2005 as an emergency; operative 
8-8-2005 (Register 2005, No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by 12-6-2005 or emergency language will be repealed by opera- 
tion of law on the following day. 

8. Repealer and new section refiled 12-6-2005 as an emergency; operative 
1 2-6-2005 (Register 2005, No. 49). A Certificate of Compliance must be trans- 
mitted to OAL by 4-5-2006 or emergency language will be repealed by opera- 
tion of law on the following day. 

9. Repealer and new section refiled 4-3-2006 as an emergency; operative 
4-3-2006 (Register 2006, No. 1 4). A Certificate of Compliance must be trans- 
mitted to OAL by 8-1-2006 or emergency language will be repealed by opera- 
tion of law on the following day. 

10. Repealer and new section refiled 7-31-2006 as an emergency; operative 
7-3 1 -2006 (Register 2006, No. 31 ). A Certificate of Compliance must be trans- 
mitted to OAL by 1 1-28-2006 or emergency language will be repealed by op- 
eration of law on the following day. 

11. Repealer of 7-31-2006 order by operation of Government Code section 
1 1346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19). 



Article 5. Accounting, Annual Audits and 
Performance Reviews, and Site Visits 

§ 4970.21. Accounting, Annual Audits and Performance 
Reviews, and Site Visits. 

NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Section 5090.32, Public Resources Code. 

History 

1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government 
Code section 11343.4(d) (Register 2000, No. 37). 

2. Renumbering of former section 4970.2 1 to section 4970.22 and renumbering of 
forrner section 4970.20 to section 4970.2 1 , including amendment of Note, filed 
4-7-2003 as an emergency; operative 4-7-2003 (Register 2003, No. 15). A 
Certificate of Compliance must be transmitted to OAL by 8-5-2003 or emer- 
gency language will be repealed by operation of law on the following day. 

3 . Reinstatement of section as it existed prior to 4-7-2003 emergency amend ment 
by operation of Government Code section 11346.1(f) (Register 2003, No. 32). 

4. Renumbering of former section 4970.21 to section 4970.22 and renumbering of 
former section 4970.20 to section 4970.21, including amendment of Note, re- 
filed 8-8-2003 as an emergency; operative 8-8-2003 (Register 2003, No. 32). 
A Certificate of Compliance must be transmitted to OAL by 12-8-2003 or 
emergency language will be repealed by operation of law on the following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. New article 5 heading and repealer and new section filed 4-1 1-2005 as an emer- 
gency; operative 4-11-2005 (Register 2005, No. 15). A Certificate of Com- 
pliance must be transmitted to OAL by 8-9-2005 or emergency language will 
be repealed by operation of law on the following day. 

7. New article 5 heading and repealer and new section refiled 8-8-2005 as an 
emergency; operative 8-8-2005 (Register 2005, No. 32). A Certificate of Com- 
pliance must be transmitted to OAL by 1 2-6-2005 or emergency language will 
be repealed by operation of law on the following day. 

8. New article 5 heading and repealer and new section refiled 1 2-6-2005 as an 
emergency; operative 12-6-2005 (Register 2005, No. 49). A Certificate of 
CompUance must be transmitted to OAL by 4-5-2006 or emergency language 
will be repealed by operation of law on the following day. 

9. New article 5 heading and repealer and new section refiled 4-3-2006 as an 
emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Com- 
pliance must be transmitted to OAL by 8-1-2006 or emergency language will 
be repealed by operation of law on the following day. 

10. New article 5 heading and repealer and new section refiled 7-31-2006 as an 
emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of 
Compliance must be transmitted to OAL by 1 1-28-2006 or emergency lan- 
guage will be repealed by operation of law on the following day. 

11. Repealer of 7-31-2006 order by operation of Government Code section 
1 1346.1(g) (Register 2007, No. 19). 

12. Repealer of article 5 (sections 4970.21-4970.32) and section filed 5-7-2007; 
operative 5-7-2007 (Register 2007, No. 19). 



Page 470.5 



Register 2007, No. 19; 5-11-2007 



§ 4970.22 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



§ 4970.22. Operation and Maintenance of OHV-Funded 
Facilities. 

NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32 and 5090.51, Public Resources Code. 

History 

1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government 
Code section 1 1343.4(d) (Register 2000, No. 37). 

2. Renumbering of former section 4970.22 to section 4970.23 and renumbering of 
former section 4970.2 1 to section 4970.22, including amendment of Note, filed 
4-7-2003 as an emergency; operative 4-7-2003 (Register 2003, No. 15). A 
Certificate of Compliance must be transmitted to OAL by 8-5-2003 or emer- 
gency language will be repealed by operation of law on the following day. 

3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment 
by operation of Government Code section 1 1346.1(f) (Register 2003. No. 32). 

4. Renumbering of former section 4970.22 to section 4970.23 and renumbering of 
former section 4970.21 to .section 4970.22, includine amendment of Note, re- 
filed 8-8-2003 as an emergency; operative 8-8-2003 (Register 2003, No. 32). 
A Certificate of Compliance must be transmitted to OAL by 12-8-2003 or 
emergency language will be repealed by operation of law on the following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. Repealer filed 4-11-2005 as an emergency; operafive 4-11-2005 (Register 
2005, No. 15). A Certificate of Compliance must be transmitted to OAL by 
8-9-2005 or emergency language will be repealed by operation of law on the 
following day. 

7. Repealer refiled 8-8-2005 as an emergency; operative 8-8-2005 (Register 
20()5, No. 32). A Certificate of Compliance must be transmitted to OAL by 
12-6-2005 or emergency language will be repealed by operation of law on the 
following day. 

8. Repealer refiled 12-6-2005 as an emergency; operative 12-6-2005 (Register 

2005, No. 49). A Certificate of Compliance must be transmitted to OAL by 
4-5-2006 or emergency language will be repealed by operation of law on the 
following day. 

9. Repealer refiled 4-3-2006 as an emergency; operative 4-3-2006 (Register 

2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 
8-1-2006 or emergency language will be repealed by operation of law on the 
following day. 

10. Repealer refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 
2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 
1 1-28-2006 or emergency language will be repealed by operation of law on the 
following day. 

11. Repealer of 7-31-2006 order by operation of Government Code section 
1 1346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19). 
§ 4970.23. Use of OHV-Funded Facilities. 

NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32, 5090.50 and 5090.51, Public Resources Code. 

History 

1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government 
Code section 1 1343.4(d) (Register 2000, No. 37). 

2. Renumbering of former section 4970.23 to section 4970.24 and renumbering of 
former section 4970.22 to section 4970.23, including amendment of subsection 
(f) and amendment of Note, filed 4-7-2003 as an emergency; operative 
4-7-2003 (Register 2003, No. 15). A Certificate of Compliance must be trans- 
mitted to OAL by 8-5-2003 or emergency language will be repealed by opera- 
tion of law on the following day. 

3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment 
by operation of Government Code section 11346.1(f) (Register 2003, No. 32). 

4. Renumbering of former section 4970.23 to section 4970.24 and renumbering of 
former section 4970.22 to section 4970.23, including amendment of subsection 
(f) and amendment of NOTE, refiled 8-8-2003 as an emergency; operative 
8-8-2003 (Register 2003, No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by 12-8-2003 or emergency language will be repealed by opera- 
tion of law on the following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. Repealer filed 4-11-2005 as an emergency; operative 4-11-2005 (Register 
2005, No. 15). A Certificate of Compliance must be transmitted to OAL by 
8-9-2005 or emergency language will be repealed by operation of law on the 
following day. 

7. Repealer refiled 8-8-2005 as an emergency; operative 8-8-2005 (Register 
20()5, No. 32). A Certificate of Compliance must be transmitted to OAL by 
12-6-2005 or emergency language will be repealed by operation of law on the 
following day. 

8. Repealer refiled 12-6-2005 as an emergency; operative 12-6-2005 (Register 
2005, No. 49). A Certificate of Compliance must be transmitted to OAL by 
4-5-2006 or emergency language will be repealed by operation of law on the 
following day. 



9. Repealer refiled 4-3-2006 as an emergency; operative 4-3-2006 (Register 
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 
8-1-2006 or emergency language will be repealed by operation of law on the 
following day. 

1 0. Repealer refiled 7-31-2006 as an emergency; operative 7-3 1-2006 (Register 
2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 
1 1-28-2006 or emergency language will be repealed by operation of law on the 
following day. 

11. Repealer of 7-31-2006 order by operation of Government Code section 
1 1 346. 1 (g) (Register 2007, No. 1 9). 

12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19). 

§ 4970.24. Project Agreement. 

NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32, 5090.50 and 5090.53, Public Resources Code. 

History 

1 . New article 5 (sections 4970.23-4970.25) and section filed 9-14-2000; opera- 
tive 9-14-2000 pursuant to Govemment Code section 11343.4(d) (Reaister 
2000, No. 37). 

2. Renumbering of former section 4970.24 to section 4970.25 and renumbering of 
former section 4970.23 to section 4970.24. including amendment of article 
heading, section and Note, filed 4-7-2003 as an emergency; operative 
4-7-2003 (Register 2003, No. 15). A Certificate of Compliance must be trans- 
initted to OAL by 8-5-2003 or emergency language will be repealed by opera- 
tion of law on the following day. 

3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment 
by operation of Govemment Code section 1 1346.1(f) (Register 2003, No. 32). 

4. Renumbering of former section 4970.24 to section 4970.25 and renumbering of 
former section 4970.23 to section 4970.24, including amendment of article 
heading, section and Note, refiled 8-8-2003 as an emergency; operative 
8-8-2003 (Register 2003, No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by ] 2-8-2003 or emergency language will be repealed by opera- 
tion of law on the following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. Repealer of former article 5 heading and repealer of section filed 4-1 1-2005 as 
an emergency; operative 4-1 1-2005 (Register 2005, No. 15). A Certificate of 
Compliance must be transmitted to OAL by 8-9-2005 or emergency language 
will be repealed by operation of law on the following day. 

7. Repealer of former article 5 heading and repealer of section refiled 8-8-2005 
as an emergency; operative 8-8-2005 (Register 2005, No. 32). A Certificate of 
Compliance must be transmitted to OAL by 12-6-2005 or emergency language 
will be repealed by operation of law on the following day. 

8. Repealer of former article 5 heading and repealer of section refiled 1 2-6-2005 
as an emergency; operative 12-6-2005 (Register 2005, No. 49). A Certificate 
of Compliance must be transmitted to OAL by 4-5-2006 or emergency lan- 
guage will be repealed by operation of law on the following day. 

9. Repealer of former article 5 heading and repealer of section refiled 4—3-2006 
as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of 
Compliance must be transmitted to OAL by 8-1-2006 or emergency language 
will be repealed by operation of law on the following day. 

1 0. Repealer of former article 5 head ing and repealer of section refiled 7-31 -2006 
as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate 
of Compliance must be transmitted to OAL by 1 1-28-2006 or emergency lan- 
guage will be repealed by operation of law on the following day. 

11. Repealer of 7-31-2006 order by operation of Government Code section 
1 1346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19). 

§ 4970.25. Amendment to Project Agreement. 

NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer- 
ence: Section 5090.32, Public Resources Code. 

History 

1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Govemment 
Code section 11343.4(d) (Register 2000, No. 37). 

2. Renumbering of former section 4970.25 to section 4970.26 and renumbering of 
former section 4970.24 to section 4970.25, including amendment of section and 
Note, filed 4-7-2003 as an emergency; operative 4-7-2003 (Register 2003, 
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-2003 
or emergency language will be repealed by operation of law on the following 
day. 

3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment 
by operation of Govemment Code section 1 1346.1(0 (Register 2003, No. 32). 

4. Renumbering of former section 4970.25 to section 4970.26 and renumbering of 
former section 4970.24 to section 4970.25, including amendment of section and 
Note, refiled 8-8-2003 as an emergency; operative 8-8-2003 (Register 2003, 
No. 32). A Certificate of Compliance must be transmitted to OAL by 
12-8-2003 or emergency language will be repealed by operation of law on the 
following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 



Page 470.6 



Register 2007, No. 19; 5-11-2007 



Title 14 



Department of Parks and Recreation 



§ 4970.28 



6. Repealer filed 4-11-2005 as an emergency; operative 4-11-2005 (Register 
2005, No. 15). A Certificate of Compliance must be transmitted to OAL by 
8-9-2005 or emergency language will be repealed by operation of law on the 
following day. 

7. Repealer refiled 8-8-2005 as an emergency; operative 8-8-2005 (Register 
20()5, No. 32). A Certificate of Compliance must be transmitted to OAL by 
12-6-2005 or emergency language will be repealed by operation of law on the 
following day. 

8. Repealer refiled 12-6-2005 as an emergency; operafive 12-6-2005 (Register 

2005, No. 49). A Certificate of Compliance must be transmitted to OAL by 
4-5-2006 or emergency language will be repealed by operation of law on the 
following day. 

9. Repealer refiled 4-3-2006 as an emergency; operative 4-3-2006 (Register 
20()6, No. 14). A Certificate of Compliance must be transmitted to OAL by 
8-1-2006 or emergency language will be repealed by operaUon of law on the 
following day. 

10. Repealer refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 

2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 
1 1-28-2006 or emergency language will be repealed by operation of law on the 
following day. 

11. Repealer of 7-31-2006 order by operation of Government Code section 
11346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19). 

§ 4970.26. Re-Scope of Project Agreement. 

NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer- 
ence: Section 5090.32, Public Resources Code. 

History 

1. New article 6 (section 4970.26) and section filed 9-14-2000; operative 
9-14-2000 pursuant to Government Code secfion 11343.4(d) (Register 2000, 
No. 37). 

2. Renumbering of former secfion 4970.26 to section 4970.27 and renumbering of 
former section 4970.25 to secfion 4970.26, including amendment of secfion 
heading, section and Note, filed 4-7-2003 as an emergency; operative 
4-7-2003 (Register 2003, No. 15). A Certificate of Compliance must be trans- 
mitted to OAL by 8-5-2003 or emergency language will be repealed by opera- 
fion of law on the following day. 

3. Reinstatement of section as it existed prior to 4—7-2003 emergency amendment 
by operafion of Government Code secfion 11346.1(f) (Register 2003, No. 32). 

4. Renumbering of former secfion 4970.26 to section 4970.27 and renumbering of 
former section 4970.25 to secfion 4970.26, including amendment of section 
heading, section and Note, refiled 8-8-2003 as an emergency; operafive 
8-8-2003 (Register 2003, No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by 12-8-2003 or emergency language will be repealed by opera- 
fion of law on the following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. Repealer filed 4-11-2005 as an emergency; operative 4-11-2005 (Register 
2005, No. 15). A Certificate of Compliance must be transmitted to OAL by 
8-9-2005 or emergency language will be repealed by operation of law on the 
following day. 

7. Repealer refiled 8-8-2005 as an emergency; operative 8-8-2005 (Register 
20()5, No. 32). A Certificate of Compliance must be transmitted to OAL by 
12-6-2005 or emergency language will be repealed by operafion of law on the 
following day. 

8. Repealer refiled 12-6-2005 as an emergency; operafive 12-6-2005 (Register 

2005, No. 49). A Certificate of Compliance must be transmitted to OAL by 
4-5-2006 or emergency language will be repealed by operation of law on the 
following day. 

9. Repealer refiled 4-3-2006 as an emergency; operative 4-3-2006 (Register 
20()6, No. 14). A Certificate of Compliance must be transmitted to OAL by 
8-1-2006 or emergency language will be repealed by operation of law on the 
following day. 

10. Repealer refiled 7-31-2006 as an emergency; operafive 7-31-2006 (Register 

2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 
1 1-28-2006 or emergency language will be repealed by operation of law on the 
following day. 

11. Repealer of 7-31-2006 order by operation of Government Code section 
11346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operafive 5-7-2007 (Register 2007, No. 19). 

§ 4970.27. Annual Application Review Meetings. 

NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.24 and 5090.32, Public Resources Code. 

History 

1. New article 7 (section 4970.27) and secfion filed 9-14-2000; operative 
9-14-2000 pursuant to Government Code secfion 1 1343.4(d) (Register 2000, 
No. 37). 

2. Renumbering of former secfion 4970.27 to section 4970.28 and renumbering of 
former section 4970.26 to section 4970.27, including amendment of section and 



Note, filed 4-7-2003 as an emergency; operafive 4-7-2003 (Register 2003, 
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-5-2003 
or emergency language will be repealed by operation of law on the following 
day. 

3. Reinstatement of secfion as it existed prior to 4-7-2003 emergency amendment 
by operation of Government Code section 11346.1(f) (Register 2003, No. 32). 

4. Renumbering of former section 4970.27 to section 4970.28 and renumbering of 
former secfion 4970.26 to section 4970.27, including amendment of section and 
Note, refiled 8-8-2003 as an emergency: operative 8-8-2003 (Register 2003, 
No. 32). A Certificate of Compliance must be transmitted to OAL by 
12-8-2003 or emergency language will be repealed by operation of law on the 
following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. Repealer of former article 6 heading and repealer of section filed 4-1 1-2005 as 
an emergency; operative 4-11-2005 (Register 2005, No. 15). A Certificate of 
Compliance must be transmitted to OAL by 8-9-2005 or emergency language 
will be repealed by operation of law on the following day. 

7. Repealer of former article 6 heading and repealer of secfion refiled 8-8-2005 
as an emergency; operative 8-8-2005 (Register 2005, No. 32). A Certificate of 
Compliance must be transmitted to OAL by 12-6-2005 or emergency language 
will be repealed by operation of law on the following day. 

8. Repealer of former article 6 heading and repealer of secfion refiled 12-6-2005 
as an emergency; operafive 12-6-2005 (Register 2005, No. 49). A Certificate 
of Compliance must be transmitted to OAL by 4-5-2006 or emergency lan- 
guage will be repealed by operation of law on the following day. 

9. Repealer of former article 6 heading and repealer of secfion refiled 4—3-2006 
as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of 
Compliance must be transmitted to OAL by 8-1-2006 or emergency language 
will be repealed by operafion of law on the following day. 

1 0. Repealer of former article 6 head ing and repealer of section refi led 7-3 1 -2006 
as an emergency; operafive 7-31-2006 (Register 2006, No. 31). A Certificate 
of Compliance must be transmitted to OAL by 1 1-28-2006 or emergency lan- 
guage will be repealed by operafion of law on the following day. 

11. Repealer of 7-31-2006 order by operafion of Government Code secfion 
1 1346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19). 

§ 4970.28. Application Guide - General. 

NOTE: Authority cited: Secfions 5001.5 and 5003, Public Resources Code. Refer- 
ence: Section 5090.32, Pubhc Resources Code. 

History 

1. New article 8 (sections 4970.28--4970.31) and secfion filed 9-14-2000; opera- 
five 9-14-2000 pursuant to Government Code secfion 11343.4(d) (Register 
2000, No. 37). 

2. Renumbering of former section 4970.28 to section 4970.29 and renumbering of 
former secfion 4970.27 to section 4970.28, including amendment of secfion and 
Note, filed 4-7-2003 as an emergency; operafive 4-7-2003 (Register 2003, 
No. 1 5). A Certificate of CompUance must be transmitted to OAL by 8-5-2003 
or emergency language will be repealed by operation of law on the following 
day. 

3. Reinstatement of secfion as it existed prior to 4-7-2003 emergency amendment 
by operafion of Government Code secfion 1 1346.1(0 (Register 2003, No. 32). 

4. Renumbering of former section 4970.28 to secfion 4970.29 and renumbering of 
former section 4970.27 to section 4970.28, including amendment of section and 
Note, refiled 8-8-2003 as an emergency; operafive 8-8-2003 (Register 2003, 
No. 32). A Certificate of Compliance must be transmitted to OAL by 
12-8-2003 or emergency language will be repealed by operation of law on the 
following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. Repealer of former article 7 heading and repealer of secfion filed 4-1 1-2005 as 
an emergency; operafive 4-1 1-2005 (Register 2005, No. 15). A Certificate of 
Compliance must be transmitted to OAL by 8-9-2005 or emergency language 
will be repealed by operation of law on the following day. 

7. Repealer of former article 7 heading and repealer of secfion refiled 8-8-2005 
as an emergency; operative 8-8-2005 (Register 2005, No. 32). A Certificate of 
Compliance must be transmitted to OAL by 12-6-2005 or emergency language 
will be repealed by operation of law on the following day. 

8. Repealer of former article 7 heading and repealer of section refiled 12-6-2005 
as an emergency; operafive 12-6-2005 (Register 2005, No. 49). A Certificate 
of Compliance must be transmitted to OAL by 4-5-2006 or emergency lan- 
guage will be repealed by operation of law on the following day. 

9. Repealer of former article 7 heading and repealer of secfion refiled 4-3-2006 
as an emergency; operafive 4-3-2006 (Register 2006, No. 14). A Certificate of 
Compliance must be transmitted to OAL by 8-1-2006 or emergency language 
will be repealed by operation of law on the following day. 

10. Repealer of former article 7 heading and repealer of section refiled 7-31-2006 
as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate 
of Compliance must be transmitted to OAL by 1 1-28-2006 or emergency lan- 
guage will be repealed by operafion of law on the following day. 



Page 470.7 



Register 2007, No. 19; 5-11-2007 



§ 4970.29 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



11. Repealer of 7-31-2006 order by operation of Governmeni Code section 
11346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19). 

§ 4970.29. Accounting, Audits, and Annual Performance 
Review - General. 

NOTE; Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32 and 5090.50, Public Resources Code. 

History 

1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government 
Code section 1 1343.4(d) (Register 2000, No. 37). 

2. Renumbering of former section 4970.29 to section 4970.30 and renumbering of 
former section 4970.28 to section 4970.29, including amendment of article 
heading, section heading, section and Note, filed 4-7-2003 as an emergency; 
operative 4-7-2003 (Register 2003, No. 1 5). A Certificate of Compliance must 
be transmitted to OAL by 8-5-2003 or emergency language will be repealed by 
operation of law on the following day. 

3. Reinstatement of section as it existed prior to 4-7-2003 emergency amendment 
by operation of Government Code section 11346.1(f) (Register 2003, No. 32). 

4. Renumbering of former section 4970.29 to section 4970.30 and renumbering of 
former section 4970.28 to section 4970.29, including amendment of article 
heading, section heading, section and Note, refiled 8-8-2003 as an emergency; 
operative 8-8-2003 (Register 2003, No. 32). A Certificate of Compliance must 
be transmitted to OAL by 12-8-2003 or emergency language will be repeated 
by operation of law on the following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. Repealer of former ailicle 8 heading and repealer of section filed 4-1 1-2005 as 
an emergency; operative 4-1 1-2005 (Register 2005, No. 15). A Certificate of 
Compliance must be transmitted to OAL by 8-9-2005 or emergency language 
will be repealed by operation of law on the following day. 

7. Repealer of former article 8 heading and repealer of section refiled 8-8-2005 
as an emergency; operative 8-8-2005 (Register 2005, No. 32). A Certificate of 
Comphance must be transmitted to OAL by 1 2-6-2005 or emergency language 
will be repealed by operation of law on the following day. 

8. Repealer of former article 8 heading and repealer of section refiled 12-6-2005 
as an emergency; operative 12-6-2005 (Register 2005, No. 49). A Certificate 
of Compliance must be transmitted to OAL by 4-5-2006 or emergency lan- 
guage will be repealed by operation of law on the following day. 

9. Repealer of former article 8 heading and repealer of section refiled 4-3-2006 
as an emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of 
Compliance must be transmitted to OAL by 8-1-2006 or emergency language 
will be repealed by operation of law on the following day. 

10. Repealer of former article 8 heading and repealer ofsection refiled 7-3 1-2006 
as an emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate 
of Compliance must be transmitted to OAL by 1 1 -28-2006 or emergency lan- 
guage will be repealed by operation of law on the following day. 

11. Repealer of 7-31-2006 order by operation of Government Code secdon 
11346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19). 

§ 4970.30. Project Termination. 

NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32 and 5090.50, Public Resources Code. 

History 

1. New section filed 9-14-2000; operative 9-14-2000 pursuant to Government 
Code section 1 1343.4(d) (Register 2000, No. 37). 

2. Renumbering of former secfion 4970.30 to secdon 4970.31 and renumbering of 
formersecdon4970.29tosecdon4970.30. including amendment of Note, filed 
4-7-2003 as an emergency; operative 4-7-2003 (Register 2003. No. 15). A 
Certificate of Compliance must be transmitted to OAL by 8-5-2003 or emer- 
gency language will be repealed by operation of law on the following day. 

3. Reinstatement of secdon as it existed prior to 4-7-2003 emergency amendment 
by operation of Government Code section 11346.1(f) (Register 2003, No. 32). 

4. Renumbering of former secdon 4970.30 to section 4970.31 and renumbering of 
former secdon 4970.29 to secdon 4970.30, including amendment of Note, re- 
filed 8-8-2003 as an emergency; operadve 8-8-2003 (Register 2003, No. 32). 
A Certificate of Compliance must be transmitted to OAL by 12-8-2003 or 
emergency language will be repealed by operation of law on the following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. Repealer filed 4-11-2005 as an emergency; operative 4-11-2005 (Register 
2005, No. 15). A Certificate of Compliance must be transmitted to OAL by 
8-9-2005 or emergency language will be repealed by operation of law on the 
following day. 

7. Repealer refiled 8-8-2005 as an emergency; operadve 8-8-2005 (Register 
2005, No. 32). A Certificate of Compliance must be transmitted to OAL by 
12-6-2005 or emergency language will be repealed by operation of law on the 
following day. 



8. Repealer refiled 12-6-2005 as an emergency; operative 12-6-2005 (Register 

2005, No. 49). A Certificate of Compliance must be transmitted to OAL by 
4-5-2006 or emergency language will be repealed by operation of law on the 
following day. 

9. Repealer refiled 4-3-2006 as an emergency; operative 4-3-2006 (Register 
20()6, No. 14). A Certificate of Compliance must be transmitted to OAL by 
8-1-2006 or emergency language will be repealed by operation of law on the 
following day. 

10. Repealer refiled 7-3 1-2006 as an emergency; operadve 7-31-2006 (Register 

2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 
1 1-28-2006 or emergency language will be repealed by operation of law on the 
following day. 

11. Repealer of 7-31-2006 order by operation of Government Code section 
11346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19). 

§ 4970.31. Conservation and Enforcement Services 
Account. 

NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Secdons 5090.32, 5090.35, 5090.50, 5090.53 and 5090.64, Public Re- 
sources Code; Section 8352.8, Revenue and Taxadon Code; and Sections 38000 
and 38370, Vehicle Code. 

History 

1. New secdon filed 9-14-2000; operative 9-14-2000 pursuant to Government 
Code secdon 1 1343.4(d) (Register 2000, No. 37). 

2. Renumbering of former secdon 4970.31 to secdon 4970.32 and renumbering of 
former secdon 4970.30 to section 4970.3 1 , including amendment ofsection and 
Note, filed 4-7-2003 as an emergency; operadve 4-7-2003 (Register 2003, 
No. 1 5). A Certificate of Compliance must be transmitted to OAL by 8-5-2003 
or emergency language will be repealed by operation of law on the following 
day. 

3. Reinstatement of secdon as it existed prior to 4-7-2003 emergency amendment 
by operadon of Government Code section 1 1346.1(0 (Register 2003, No. 32). 

4. Renumbering of former section 4970.31 to secdon 4970.32 and renumbering of 
former secdon 4970.30 to section 4970.3 1 , including amendment ofsection and 
Note, refiled 8-8-2003 as an emergency; operative 8-8-2003 (Register 2003, 
No. 32). A Certificate of Compliance must be transmitted to OAL by 
12-8-2003 or emergency language will be repealed by operation of law on the 
following day. 

5. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
1 1-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

6. Repealer filed 4-11-2005 as an emergency; operative 4-11-2005 (Register 
2005, No. 15). A Certificate of Compliance must be transmitted to OAL by 
8-9-2005 or emergency language will be repealed by operadon of law on the 
following day. 

7. Repealer refiled 8-8-2005 as an emergency; operative 8-8-2005 (Register 
2005, No. 32). A Certificate of Compliance must be transmitted to OAL by 
1 2-6-2005 or emergency language will be repealed by operation of law on the 
following day. 

8. Repealer refiled 12-6-2005 as an emergency; operative 12-6-2005 (Register 

2005, No. 49). A Certificate of Compliance must be transmitted to OAL by 
4-5-2006 or emergency language will be repealed by operation of law on the 
following day. 

9. Repealer refiled 4-3-2006 as an emergency; operative 4-3-2006 (Register 
20()6, No. 14). A Certificate of Compliance must be transmitted to OAL by 
8-1-2006 or emergency language will be repealed by operation of law on the 
following day. 

10. Repealer refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 

2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 
1 1-28-2006 or emergency language will be repealed by operation of law on the 
following day. 

1 1. Repealer of 7-31-2006 order by operation of Government Code section 
11346.1(g) (Register 2007, No. 19). 

12. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19). 

§ 4970.32. Evaluation Criteria. 

NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.23, 5090.24(f), 5090.32 and 5090.50, Public Resources Code. 

History 

1. Renumbering of former secdon 4970.31 to secdon 4970.32 , including amend- 
ment of secfion and Note, filed 4-7-2003 as an emergency; operative 
4-7-2003 (Register 2003, No. 15). A Certificate of Compliance must be trans- 
mitted to OAL by 8-5-2003 or emergency language will be repealed by opera- 
tion of law on the following day. 

2. Reinstatement of secdon as it existed prior to 4-7-2003 emergency amendment 
by operadon of Government Code section 11346.1(f) (Register 2003, No. 32). 

3. Renumbering of former section 4970.31 to secdon 4970.32 , including amend- 
ment of secdon and Note, refiled 8-8-2003 as an emergency; operative 
8-8-2003 (Register 2003, No. 32). A Certificate of Compliance must be trans- 
mitted to OAL by 12-8-2003 or emergency language will be repealed by opera- 
don of law on the following day. 



Page 470.8 



Register 2007, No. 19; 5-11-2007 



Title 14 



Department of Parks and Recreation 



§ 4970.50 



4. Certificate of Compliance as to 8-8-2003 order transmitted to OAL 
11-17-2003 and filed 12-31-2003 (Register 2004, No. 1). 

5. Repealer filed 4-11-2005 as an emergency; operative 4-11-2005 (Register 
2005, No. 15). A Certificate of Compliance must be traiismitied to OAL by 
8-9-2005 or emergency language will be repealed by operation of law on the 
following day. 

6. Repealer refiled 8-8-2005 as an emergency; operative 8-8-2005 (Register 
2005, No. 32). A Certificate of Compliance must be transmitted to OAL by 
12-6-2005 or emergency language will be repealed by operation of law on the 
following day. 

7. Repealer refiled 12-6-2005 as an emergency; operative 12-6-2005 (Register 

2005, No. 49). A Certificate of Compliance must be transmitted to OAL by 
4-5-2006 or emergency language will be repealed by operation of law on the 
following day. 

8. Repealer refiled 4-3-2006 as an emergency; operative 4-3-2006 (Register 
20()6, No. 14). A Certificate of Comphance must be transmitted to OAL by 
8-1-2006 or emergency language will be repealed by operation of law on the 
following day. 

9. Repealer refiled 7-31-2006 as an emergency; operative 7-31-2006 (Register 

2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 
1 1-28-2006 or emergency language will be repealed by operation of law on the 
following day. 

10. Repealer of 7-31-2006 order by operation of Government Code secdon 
1 1 346. 1 (g) (Register 2007, No. 1 9). 

11. Repealer filed 5-7-2007; operative 5-7-2007 (Register 2007, No. 19). 



Chapter 15.5. Off-Highway Motor Vehicle 

Recreation Grants and Cooperative 

Agreements Program Regulations 



Article 1 . General Provisions 



§ 4970.49. Application of Chapter. 

Chapterl5.5 applies only to Grant and Cooperative Agreement Ap- 
plications received by the Off-Highway Motor Vehicle Recreation Divi- 
sion on or after January 1, 2007. 

NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.01-5090.70, Public Resources Code. 

History 

1. New chapter 15.5 (articles 1-5, sections 4970.49-4970.72), article 1 (sections 
4970.49-4970.53) and section filed 4-3-2006 as an emergency; operative 
4-3-2006 (Register 2006, No. 14). A Certificate of Compliance must be trans- 
mitted to OAL by 8-1 -2006 or emergency language will be repealed by opera- 
tion of law on the following day. 

2. New chapter 15.5 (articles 1-5), article 1 (sections 4970.49-4970.53) and sec- 
tion refiled 7-3 1-2006 as an emergency; operative 7-31-2006 (Register 2006, 
No. 31). A Certificate of Compliance must be transmitted to OAL by 
1 1-28-2006 or emergency language will be repealed by operation of law on the 
following day. 

3. New chapter 1 5.5 (articles 1-5), article 1 (sections 4970.49^970.53) and sec- 
tion refiled 11-27-2006 as an emergency; operative 11-27-2006 (Register 
2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 
3-27-2007 or emergency language will be repealed by operafion of law on the 
following day. 

4. Certificate of Compliance as to 11-27-2006 order, including amendment of 
secdon and new Notie, transmitted to OAL 3-26-2007 and filed 5-7-2007 
(Register 2007, No. 19). 

§ 4970.50. Definitions. 

The words used in this chapter have the following meanings whenever 
the words are capitalized in this Chapter 15.5: 

(a) "Act" means the Off-Highway Motor Vehicle Recreation Act of 
2003, as amended, commencing at Public Resources Code Section 
5090.01, or any subsequent amended versions. 

(b) "Administrative Costs" means the costs of functions performed in 
support of the Deliverables associated with the Project. Examples of Ad- 
ministrative Costs include, but are not limited to, activities such as per- 
sonnel providing administrative support directly related to the Project, 
time keeping, accounting, fiscal management, record keeping and/or 
purchasing. 



(c) "Allocation" means a determination of Funds to be made available 
for, or an expenditure limit established for, an organizational unit or func- 
tion, a Project or work activity or Deliverable. 

(d) "All-Terrain Vehicle (ATV)" means any vehicle as defined by 
California Vehicle Code Section 111. 

(e) "Applicant" means any of the following that are eligible to apply 
for funding under the Off-Highway Motor Vehicle Recreation 
(OHMVR) Division Grants and Cooperative Agreements program: 

(1) For a city or county: a department or comparable subdivision; 

(2) An Appropriate District; 

(3) For the U.S. Forest Service: a Forest or Regional Office; 

(4) For the U.S. Bureau of Land Management: a Field, District, or State 
Office; 

(5) For other Federal Agencies: a Field, District, Regional or State Of- 
fice or similar subdivision; 

(6) A Federally Recognized Native American Tribe; 

(7) An Educational Institution; 

(8) A Nonprofit organization. 

(1) "Application" means a compilation of required documents in con- 
formance with these regulations to support a request for funding from the 
Off-Highway Motor Vehicle Recreation (OHMVR) Division's Grants 
and Cooperative Agreements program for proposed Project(s). 

(g) "Application Instructions" means directions for completing an Ap- 
plication for an OHV Grant or Cooperative Agreement found in Chapter 
1 of the Off-Highway Motor Vehicle Recreation Division, Grants and 
Cooperative Agreements Program, Grants Program Manual dated July 
2007. 

(h) "Appropriate District" means one that has clear legal responsibility 
for open space, recreation, parks, and resource-related activities that are 
land based. 

(i) "Appropriation" means a legislative act authorizing the expendi- 
ture of a designated amount of public funds for a specific purpose and 
usually for a specific period of time. 

(j) "Audit" means a comprehensive review in accordance with Gener- 
ally Accepted Auditing Standards (GAAS), developed by the American 
Institute of Certified Public Accountants (AICPA) and the Government 
Auditing Standards issued by the United States General Accounting Of- 
fice (GAO). The Audit is a review of the Grantee's relevant financial re- 
cords by the Department of Parks and Recreation Audit Office staff or 
other Department designee to determine that they support the expendi- 
tures authorized in the Project Agreement. 

(k) "Buffer" refers to lands or physical barriers acquired or established 
contiguous to existing or proposed off-highway motor vehicle recre- 
ational areas to protect plant and wildlife habitat, soils, view sheds, or re- 
duce noise and other effects to the surrounding lands, for the purpose of 
sustaining OHV Recreation. 

(/) "Casual" means non-competitive OHV Recreation. 

(m) "CEQA" means the California Environmental Quality Act, Public 
Resources Code (PRC) Section 21000 et seq.; Title 14, California Code 
of Regulations (CCR), Division 6, Chapter 3, Article 20. 

(n) "Commission" means the Off-Highway Motor Vehicle Recre- 
afion (OHMVR) Commission. 

(o) "Conservation" means activities, practices, and programs devel- 
oped and/or implemented in connection with ongoing OHV Recreation 
that sustain and preserve soils, plants, wildlife and their habitat, and natu- 
ral and Cultural Resources as referenced in or required by PRC Sections 
5090.10, 5090.35, 5090.50, and 5090.53. 

(p) "Construcfion" means the act of building or assembling using dif- 
ferent parts, materials, or elements in an ordered manner including, but 
not limited to, physical barriers, trails, Roads, facilities, hardening of 
stream crossings, fencing, sediment control structures, and facilities 
landscaping. 

(q) "Cooperative Agreement" means an agreement between the Divi- 
sion and a Federal Agency, or a Federally Recognized Native American 
Tribe for the purposes authorized and defined in PRC 5090.50 and these 
regulafions. 



Page 470.9 



Register 2007, No. 29; 7-20-2007 



§ 4970.50 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



(r) "Cultural Resources" are associated with events that have made a 
signillcant contribution to the broad patterns of California's history and 
cultural heritage; are associated with the lives of persons important in our 
past; embody the distinctive characteristics of a type, period, region, or 
method of construction, or represent the work of an important creative 
individual, or possess high artistic values; or have yielded, or may be 
likely to yield, information important in prehistory or history. Cultural 
Resources also include Historical Resources. Historical Resources in- 
clude, but are not limited to, any object, building, structure, site, area, 
place, record, or manuscript that is historically or archaeologically sig- 
nificant, or is significant in the architectural, engineering, scientific, eco- 
nomic, agricultural, educational, social, political, military, or cultural an- 
nals of California. A resource shall be considered by the lead agency to 
be "historically significant" if the resource meets the criteria for listing 
on the California Register of Historical Resources (PRC Section 5024.1, 
Title 14 CCR, Section 4852). 

(s) "Deliverables" means the specific tangible outcomes or work prod- 
ucts to be provided, acquired, or produced with the Funds made available 
pursuant to the Project Agreement. Examples include the purchase of a 
specified property, installation of specified erosion control measures. 
Construction of a restroom, specific hours or days of patrol. Construction 
of a specified length of fencing, production of a specified number of 
maps, purchase of specified Equipment, Restoration of a specific area. 
Maintenance of a specific length of trail, completion of research resulting 
in a written report, and planning that results in a report or reports includ- 
ing any related specified documents. 

(t) "Deputy Director" means the manager of the California Depart- 
ment of Parks and Recreation, OHMVR Division. 

(u) "Development" means the Construction of new, and/or improve- 
ment of existing. Facilities, Roads, trails, or areas to improve existing or 
provide additional opportunities, experiences, or services for OHV Rec- 
reation. 

(v) "Division" means the OHMVR Division of the California Depart- 
ment of Parks and Recreation. 

(w) "Division Website" means the internet page of the Department of 
Parks and Recreation, OHMVR Division at (www.ohv.parks.ca.gov ). 

(x) "Due Diligence" means to conduct or cause to be conducted an in- 
vestigation of all aspects of property proposed to be acquired and/or de- 
veloped using Funds, including investigating the suitabihty of the prop- 
erty for the intended use, and all critical facts and assumptions used in 
developing the proposed Project that would assist in evaluating the suc- 
cess of the Project in providing OHV Recreation opportunities and to 
avoid and/or minimize potential risks that could impair the future sus- 
tainability of OHV Recreation. 

(y) "Educational Institution" means a public or private preschool, ele- 
mentary, or secondary school, college or university, or institution; the 
governing board of a school district; or any combination of school dis- 
tricts or counties recognized as the administrative agency for public ele- 
mentary or secondary schools in accordance with Section 210.1 of the 
Education Code. 

(z) "Environmental Document" means a document prepared in accor- 
dance with the National Environmental Policy Act (NEPA), or the 
California Environmental Quality Act (CEQA). 

(aa) "Equipment" means vehicles, tools, instruments, or apparatus. 
Equipment includes, but is not limited to: all vehicles, GPS units, sound 
meters, cameras, radios, first aid kits, computers, and remote-sensing de- 
vices that are used in the implementation of a Project. Equipment does 
not include expendable items such as first aid kit refill supphes, personal 
safety gear, or tires. 

(bb) "Facility" means the assets of an organization that include: build- 
ings, grounds, parking facilities, and structures other than buildings such 
as shade structures, fences, trash enclosures, cattle guards, etc., and in- 
cludes the systems that support facilities (fuel, electrical, sewer, water, 
waste, etc.). 

(cc) "Federal Agency" means a unit of the United States government. 



(dd) "Federally Recognized Native American Tribe" means any tribe, 
band, nation, or other organized group or community of Indians, includ- 
ing any Alaska Native Village pursuant to Title 25, Code of Federal Reg- 
ulations (CFR) Section 83.5(a). 

(ee) "Fund" means the Off-Highway Vehicle Trust Fund as created by 
subdivision (c) of Section 38225^, CVC. 

(ff) "Grant" means an agreement between the Division and a city, 
county. Appropriate District, Educational Institution, or Nonprofit orga- 
nization for the purposes as authorized and defined in PRC Section 
5090.50 and these regulations. 

(gg) "Grantee" means any city, county. Appropriate District, Non- 
profit organization. Educational Institution, Federal Agency, or Federal- 
ly Recognized Native American Tribe receiving OHV Grant or Coopera- 
tive Agreement Funds. 

(hh) "Grants Program Manual" means the Off-Highway Motor Ve- 
hicle Recreation Division, Grants and Cooperative Agreements Pro- 
gram, Grants Program Manual (July 2007) and all its contents and subse- 
quent revisions submitted through the rulemaking process. 

(ii) "Maintenance" means the routine, ongoing or periodic work re- 
quired to ensure Roads, trails, areas, and related faciUties used for OHV 
Recreation and Conservation features (e.g., water diversion features, 
sediment basins, etc.) for the protection of natural and Cultural Re- 
sources that are impacted by OHV Recreation activities, continue to 
function as intended. 

(jj) "Monitoring" means periodic data collection and review to deter- 
mine if the OHV Project is in compliance with the statutory requirements 
and program or Project objectives. 

(kk) "NEPA" means the National Environmental Pohcy Act pursuant 
to United States Code (U.S.C.) Tide 42, Section 437 1 ; 40 Code of Federal 
Regulations (CFR) part 1500.1 et seq. 

(//) "Nonprofit" means an organization having tax-exempt status pur- 
suant to Section 501(c)(3) of the Internal Revenue Code. 

(mm) "OHV" means an off-highway motor vehicle as specified in 
CVC Section 38006 and/or street hcensed motor vehicle while being 
used on lands to which CVC Division 16.5 applies. 

(nn) "OHV Opportunities" means Roads, trails, or areas on lands that 
are open to legal OHV Recreation. 

(oo) "OHV Recreation" means the activity of driving or riding motor- 
ized vehicles for leisure purposes on land to which CVC Division 16.5 
apphes. 

(pp) "Operation" means the use of staff and Equipment to facilitate 
and/or supervise the proper functioning of an OHV Recreation Road, 
trail, area or lands and any related visitor or user faciUties or services, in- 
cluding the protection of persons, life and property. 

(qq) "Performance Review" means the review of a Project to identify 
any areas where the Division may provide technical advice and consulta- 
tion to the Grantee to improve any aspect of a program or Project funded 
by OHV Funds and may include assessing progress toward the accom- 
plishment of Deliverables. 

(rr) "Project" means the activities and Dehverables described in the 
Project Application to be accomphshed with funding through a Project 
Agreement. 

(ss) Project Agreement" means a contract executed to formally imple- 
ment a Project. 

(tt) "Project Area" means the physical boundaries within which the ac- 
tivities will be performed and Deliverables will be accomplished as de- 
scribed in the Project Agreement. 

(uu) "Regional OHV Facility" means a Facility, primarily for Casual 
OHV Recreation, providing a wide variety of OHV Opportunities for a 
wide range of OHV interests, that is 500 or more acres, and with a popula- 
tion of 500,000 or more within a 1 50-mile radius or three (3) -hour travel 
time, and with the potential to become financially self-sustaining in ac- 
cordance with criteria adopted by the Commission pursuant to PRC Sec- 
tion 5090.51(b). 



Page 470.10 



Register 2007, No. 29; 7-20-2007 



Title 14 



Department of Parks and Recreation 



§ 4970.53 



(vv) "Repair" means to fix, mend, maice new, or revitalize to a sound 
condition or condition existing prior to the OHV-related damage, after 
being damaged. 

(ww) "Reroute" means the closure, (if not retained for other non-mo- 
torized recreation), and Restoration of an existing segment of a trail or 
Road and replacement with a new alignment. 

(xx) "Restoration" means the completion of all work activities that are 
necessary to return land, plant communities, and plant covers to condi- 
tions comparable to those of surrounding lands, or at least those that ex- 
isted prior to OHV Recreation when the Road, trail, or area has been 
closed to OHV Recreation. 

(yy) "Roads" include: fire trails, logging Roads, service Roads regard- 
less of surface composition, or other roughly graded trails and Roads 
upon which vehicular travel by the pubhc is permitted (CVC 38001). 

(zz) "Scientific Research" means study and exploration into questions 
posed by theories and hypotheses, and defined by measurable steps or op- 
erations (e.g., sample design, methodology, statistical inferences). 
Scientific research is used to evaluate, estimate, analyze, and address the 
possible impact on, or of, OHV Recreation and develop responsive man- 
agement recommendations. 

(aaa) "Snowmobile" means any vehicle as defined in CVC 557. 

(bbb) "Soil Conservation Program" means a plan containing a process 
or processes to anticipate and prevent accelerated and unnatural erosion, 
as provided for in the "Soil Conservation Guidelines/Standards for Off- 
Highway Vehicle Recreation Management (1 1/14/91)" or its successor. 

(ccc) "Viable Species Composition" means that species found in the 
Project Area have populations with the estimated numbers and distribu- 
tion of reproductive individuals to enable their continued existence. 

(ddd) "Wildlife Habitat Protection Program (WHPP)" means an ani- 
mal and plant Habitat Management Program (HMP) designed to sustain 
a Viable Species Composition for the Project Area, pursuant to PRC Sec- 
tions 5090.35, 5090.50, and 5090.53. 

NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer- 
ence: Sections 4442, 4442.5, 5020. l(j). 5024.1, 5090.04, 5090.05, 5090.06, 
5090.07, 5090.10, 5090.11, 5090.32, 5090.35, 5090.50, 5090.51(b), 5090.53, 
5090.64(b)(]) and (2) and 21000 et seq., Pubhc Resources Code; Sections 111, 
400, 436, 557, 38001, 38006, 38012 and 38225(c) Vehicle Code; USC, Title 42, 
Section 437 1 ; USC, Title 43 Sections 160 1 et seq. ; 40 CFR part 1 500. 1 et seq. ; 25 
CFR Section 83.5(a); Section 210.1, Education Code; and U.S. Internal Revenue 
Code, Section 501(c)(3). 

History 

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 
8-1-2006 or emergency language will be repealed by operation of law on the 
following day. 

2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis- 
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 
1 1-28-2006 or emergency language will be repealed by operation of law on the 
following day. 

3. New section refiled 1 1-27-2006 as an emergency; operative 1 1-27-2006 (Reg- 
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL 
by 3-27-2007 or emergency language will be repealed by operation of law on 
the following day. 

4. Certificate of Compliance as to 11-27-2006 order, including amendment of 
section, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 
19). 

5. Change without regulatory effect amending subsections (g), (s), (aa), (hh) and 
(pp) filed 7-10-2007 pursuant to section 100, title 1 , California Code of Regula- 
tions (Register 2007, No. 28). 

6. Amendment of subsections (g) and (hh) filed 7-19-2007 as an emergency; op- 
erative 7-19-2007 (Register 2007, No. 29). A Certificate of Compliance must 
be transmitted to OAL by 1-15-2008 or emergency language will be repealed 
by operation of law on the following day. 

§4970.51. Program Purpose. 

The purpose of the OHMVR Grants and Cooperative Agreements Pro- 
gram is to promote well managed OHV Recreation by providing finan- 
cial assistance to eligible agencies and organizations that develop, main- 
tain, operate, expand, support, or contribute to well managed 
high-quality OHV Recreation areas. Roads, and trails, and to responsi- 
bly maintain the wildlife, soils, and habitat of Project Areas in a manner 
that will sustain long-term OHV Recreation in accordance with the legis- 



lative provisions and intent of the Act commencing at Public Resources 
Code (PRC) Section 5090.01. 

NOTE; Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.01-5090.70, Public Resources Code. 

History 

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 
8-1-2006 or emergency language will be repealed by operation of law on the 
following day. 

2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis- 
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 
1 1-28-2006 or emergency language will be repealed by operation of law on the 
following day. 

3. New section refiled 1 1 -27-2006 as an emergency; operative 1 1 -27-2006 (Reg- 
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL 
by 3-27-2007 or emergency language will be repealed by operation of law on 
the following day. 

4. Certificate of Compliance as to 1 1-27-2006 order, including amendment of 
section, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 
19). 

§ 4970.52. Commission's Annual Program Review 
Meeting. 

Prior to the start of each Application cycle, the Commission shall con- 
duct one (1) public meeting to collect: 1) public input concerning the 
OHV Grants and Cooperative Agreements Program, 2) recommenda- 
tions for program improvements, and 3) public input for specific Project 
needs for Grants and Cooperative Agreements Program areas. 
Note: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Section 5090.24(0, Public Resources Code. 

History 

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 
8-1-2006 or emergency language will be repealed by operation of law on the 
following day. 

2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis- 
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 
1 1-28-2006 or emergency language will be repealed by operation of law on the 
following day. 

3. New section refiled 1 1 -27-2006 as an emergency; operative 1 1-27-2006 (Reg- 
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL 
by 3-27-2007 or emergency language will be repealed by operation of law on 
the following day. 

4. Certificate of Compliance as to 1 1-27-2006 order, including amendment of 
section, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 
19). 

§ 4970.53. General Application Requirements. 

(a) The Grants Program Manual, and all its contents and subsequent 
revisions submitted through the rulemaking process are hereby incorpo- 
rated by reference. 

(b) Awarding a Grant or Cooperative Agreement does not guarantee 
ongoing or future OHV funding in any Project category. 

(c) Applications must establish how each proposed Project is directly 
related to sustaining OHV Recreation in the Project Area specified in the 
Application. Proposed Projects will be screened by the Division prior to 
scoring. Any Project Application that does not establish a specific link 
to OHV Recreation will not be considered. For the purposes of this sec- 
tion, "OHV Recreation" includes both legal and illegal OHV use on pub- 
lic or private property to which CVC Division 16.5 applies. Provided 
however, where the Project is related to illegal use, the Project purpose 
must be limited to enforcement to prevent such illegal use, allowable 
protection of resources. Restoration to Repair damage, or for barriers, 
signing, or education to prevent such illegal use. 

(d) Subject to the discretion of the Division as specified in subsection 
(f)(4) of this Section, any Applications determined by the Division to not 
be in conformance with these requirements shall be returned to the Appli- 
cant without consideration. 

(e) General Application requirements are as follows: 

(1) Each Applicant may submit only one (1) Application for each 
Grant cycle. The Application may contain multiple Projects. 

(2) Application requests for Projects shall be not less than $10,000 per 
Project and not exceed a maximum of $500,000 per Project type or a total 
of $2 million per Applicant. 



Page 470.11 



Register 2007, No. 29; 7-20-2007 



§ 4970.53 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



(3) Acquisition, Conservation, Development, Planning, or Restora- 
tion Projects are funded for a tiiree (3) year period. For Facilities Opera- 
tion and Maintenance, Law Enforcement, OHV Safety and/or Education 
Program, and Trail Maintenance Projects not exceeding $15,000 per 
year. Funds may be requested for expenditure over a three (3) year peri- 
od. 

(4) Public Casual use of facilities shall not be less than sixty (60) per- 
cent of the total use in Project Areas. 

(5) Equipment Funds requested or expended shall be in conformance 
with the requirements specified in the Grants Program Manual, Chapters 
1 and 3. 

(6) Payment of Administrative Costs from the Fund may not exceed 
ten ( 1 0) percent of the total Project amount requested in the Application. 

(7) All Apphcants shall undertake a public review process of their Ap- 
plication(s). The process shall include the following minimum steps: 

(A) Public notice. At least thirty (30) calendar days prior to submitting 
the final Application, Applicants shall notice to the public of the opportu- 
nity to submit comments on the draft Application. The notice shall be 
published at a minimum in the Applicant's newsletter and/or Applicant's 
website and mailed to those persons, agencies or organizations the Apph- 
cant determines likely to have an interest in or be affected by the Project. 

(B) Public review. Draft Applications shall be made available for pub- 
lic review and comment not later than the date of publication of the public 
notice. At a minimum, Apphcants shall make available to the public for 
the purpose of this review, the Application Face Sheet, Project descrip- 
tion, and Project Costs/Dehverables form. 

(f) The Application submission process shall consist of the following: 

(1) The Division shall estabhsh a timeline for the submission of Ap- 
plications and post the timeline on the Division Website. 

(2) Apphcations that are not in the possession of the Division by the 
Application submission deadline (see 1 .2.1 of the Grants Program Manu- 
al) shall be returned to the Applicant without consideration. 

(3) Questions concerning the Application process and the interpreta- 
tion of these regulations shall be submitted in writing to the Division 
Website, Questions and Answers section. Responses to these questions 
will be made in writing via the Division Website within five (5) calendar 
days of submission of the questions. The last date for submitting ques- 
tions to the Division will be fifteen (15) calendar days prior to the final 
Application deadline. The Division shall provide a response to all Appli- 
cants on the Division Website not later than ten (10) calendar days before 
the Application deadline, in order for the response to be applicable. Ap- 
plicants shall not rely on answers to questions unless placed on the Divi- 
sion Website, Questions and Answers section, by the Division. 

(4) The Division may, but has no obligation, to waive or correct incon- 
sequential defects in the Apphcation. "Inconsequential", for the purpose 
of this subsection (f)(4) and subsection (f)(5), shall mean a situation 
where correction of an Application or waiver of a defect will not give the 
Applicant an unfair advantage over other Applicants or Applications. 

(A) Examples of an unfair advantage may include, but are not limited 
to, situations where an Applicant is allowed to: increase or reduce its re- 
quest and/or amend the Deliverables, provide missing information in an 
uncompleted form or submittal, provide new information that was not 
submitted in or with the Application as submitted on the submittal date, 
have its Application evaluated under other Project type criteria, or pro- 
vide additional analysis of information submitted in the Application after 
the submittal date. 

(B) Examples of inconsequential defects may include, but are not lim- 
ited to: signing a form or other document that was complete as submitted, 
but not signed; correcting mathematical errors where those corrections 
do not cause the Application to violate maximum or minimum amounts 
allowable; clarifying the meaning of technical words or acronyms; or 
substituting a substantially equivalent product, service, Equipment, or 
Deliverable for one or more as submitted in the Application when the 
need for the substitution could not have been known by the Applicant on 
the submittal date. 

(5) The Division may request additional information of an Applicant 
in order to clarify inconsequential information submitted in the Applica- 
tions. Examples of inconsequential information include, but are not lim- 



ited to: the location of a Project Area, habitat, or other affected area; cost 
entries on forms that do not match totals; or information on an otherwise 
completed form where the clarification does not change the purpose for 
the Project or amount requested. 

(g) Except as provided in Section 4970.53(tX4), Applications found 
to have defects that are inconsistent with applicable statute and/or these 
regulations will be rejected by the Division. The appeal process shall be 
as follows: 

(1) Tlie Division shall send a written notice of rejection to the Autho- 
rized Representative and Project Administrator as shown on the Applica- 
tion Face Sheet by both e-mail and FAX. The notice of rejection shall 
specify the defect(s) and refer to the appropriate statutes and regulations 
that apply. 

(2) The Applicant has until 5:00 p.m. on the third full business day af- 
ter the Division sends the notice of rejection to request an appeal by one 
of the following methods: 

(A) Submission of an e-mail to the Grants Program Manager detailing 
the Apphcant's response to the notice of rejection. 

(B) Submission of a FAX to the Grants Program Manager detailing the 
Applicant's response to the notice of rejection. 

(C) Contacting the Grants Program Manager to schedule a telephone 
conference to present the Applicant's response to the notice of rejection. 

(D) Contacting the Grants Program Manager to schedule a meeting at 
the Division Headquarters to present the Applicant's response to the no- 
tice of rejection. 

(3) If the Applicant does not receive a response from the Division by 
5:00 p.m. on the fifth business day after the Applicant presents its re- 
sponse to the notice of rejection, the appeal shall be deemed denied. 

(h) Applications shall meet all of the requirements contained in the 
Grants Program Manual, including fully completed Application Forms. 
All Application Forms are in the Appendix. In addition to the Forms, the 
Applications shall contain the following information for each Project: 

(1) Applications must clearly describe each Project, including a dem- 
onstration of how each proposed Project is directly related to sustaining 
OHV Recreation in the Project Area specified in the Application. 

(2) Documentation of the public review process. 

(3) All city, county. Appropriate District, Educational Institution, and 
Nonprofit organization Grant Applications and any Federally Recog- 
nized Native American Tribe Cooperative Agreement Applications shall 
include a completed Governing Body Resolution certified by the clerk 
of the governing body. 

(4) Photo(s) when needed, as described in the Grants Program Manual, 
Chapter 1 . 

(5) A map or maps as described in the Grants Program Manual, Chap- 
ter 1. 

(6) The environmental requirements contained in Section 4970.63. 
(7)Ifapplicable, Applications shall include identification of the match 

to be applied to the Project in accordance with Section 4970.66. 

(8) Project Applications that include a request for Funds to conduct 
Scientific Research related to the Project must provide: 

(A) The research Project design that includes a description of the 
goals, objectives, and methodologies and how the research will be used 
to make management decisions sustaining long-term OHV Recreation. 

(B) The curriculum vitae of the primary researcher(s). 

(C) Documentation of peer review of the research plan. The peer re- 
view shall be conducted by at least three (3) qualified experts from the 
scientific disciphne or related fields. The peer reviewers shall not be from 
the Applicant agency nor involved in implementing the research Project 
itself. 

(D) Other information required to be included as specified in Article 
2 under the Application content requirements for the specific Project 
type. 

(9) Project-specific information required for submittal under Article 
2. 

(10) See Chapter 1 of the Grants Program Manual for lists of eligible 
and ineligible costs and Project-specific eligible costs. 



Page 470.12 



Register 2007, No. 29; 7-20-2007 



Title 14 



Department of Parks and Recreation 



§ 4970.57 



NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32, 5090.35, 5090.50. 5090.51 and 5090.53, Public Re- 
sources Code. 

History 

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 

2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 
8-1-2006 or emergency language will be repealed by operation of law on the 
following day. 

2. New section refiled 7-3 1-2006 as an emergency; operative 7-3 1-2006 (Regis- 
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 
1 1-28-2006 or emergency language will be repealed by operation of law on the 
following day. 

3. New section refiled 1 1-27-2006 as an emergency; operative 1 1-27-2006 (Reg- 
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL 
by 3-27-2007 or emergency language will be repealed by operation of law on 
the following day. 

4. Certificate of Compliance as to 11-27-2006 order, including amendment of 
section and Note, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 

2007, No. 19). 

5. Change without regulatory effect amending subsection (f)(4)(A) filed 
7-10-2007 pursuant to section 100, title 1, California Code of Regulations 
(Register 2007, No. 28). 



Article 2. Types of Projects and Specific 
Application and Content Requirements 

§ 4970.54. Acquisition Projects. 

(a) Acquisition Projects secure interests in land to: expand and/or sus- 
tain OHV Recreation access and Opportunities; provide Buffers; and/or 
eliminate trespass. 

(b) Cities, counties, Appropriate Distiicts, Federal Agencies, and Fed- 
erally Recognized Native American Tribes are eligible to apply for Ac- 
quisition Projects. Educational Institutions and Nonprofit organizations 
are not eligible to apply for Acquisition Projects. 

(c) Applications for Acquisition Projects shall include all the informa- 
tion required under Section 4970.53(h) plus the following: 

(1) An acquisition plan, which shows the steps and timelines for ac- 
quiring the Project and a discussion of the Applicant's ability to accom- 
plish the Project. 

(2) Due Diligence to determine if the property is usable for its intended 
purpose. 

NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32 and 5090.50, Public Resources Code. 

History 

1. New article 2 (sections 4970.54-4970.64) and section filed 4-3-2006 as an 
emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Com- 
pliance must be transmitted to OAL by 8-1-2006 or emergency language will 
be repealed by operation of law on the following day. 

2. New article 2 (sections 4970.54-4970.64) and section refiled 7-31-2006 as an 
emergency; operafive 7-31-2006 (Register 2006, No. 31). A Certificate of 
Compliance must be transmitted to OAL by 1 1-28-2006 or emergency lan- 
guage will be repealed by operation of law on the following day. 

3. New article 2 (sections 4970.54-4970.64) and section refiled 1 1-27-2006 as an 
emergency; operative 1 1-27-2006 (Register 2006, No. 48). A Certificate of 
Compliance must be transmitted to OAL by 3-27-2007 or emergency language 
will be repealed by operation of law on the following day. 

4. Certificate of Compliance as to 11-27-2006 order, including amendment of 
section and Note and restructuring of article 2 to include sections 
4970.54-4970.62, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Regis- 
ter 2007, No. 19). 

§ 4970.55. Conservation Projects. 

(a) Conservation Projects are implemented in connection with ongo- 
ing OHV Recreation and OHV Opportunities to protect natural and Cul- 
tural Resources and develop and/or implement soil Conservation stan- 
dards and WHPP/HMPs as required by the Act, including: Monitoring 
or researching those practices, activities, or Projects to provide data for 
management decisions; or Rerouting of Roads to comply with soil stan- 
dards and wildlife habitat protection programs or to protect Cultural Re- 
sources. 

(b) Cities, counties, Appropriate Districts, Federal Agencies, Federal- 
ly Recognized Native American Tribes, Educational Institutions, and 
Nonprofit organizations are eligible to apply for Conservation Projects. 



(c) Apphcations for Conservation Projects shall include all the in- 
formation required under Section 4970.53(h) plus when applicable, Non- 
profit organization and Educational Institution Applicants shall have a 
written agreement with the property manager, land management agency 
or landowner to perform the Project. 

NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer- 
ence: Secfions 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code. 

History 

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 
8-1-2006 or emergency language will be repealed by operation of law on the 
following day. 

2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis- 
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 
1 1-28-2006 or emergency language will be repealed by operafion of law on the 
following day. 

3. New section refiled 11 -27-2006 as an emergency; operative 1 1 -27-2006 (Reg- 
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL 
by 3-27-2007 or emergency language will be repealed by operation of law on 
the following day. 

4. Certificate of Compliance as to 11-27-2006 order, including amendment of 
section, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 
19). 

5. Change without regulatory effect amending subsection (c) filed 7-10-2007 pur- 
suant to section 1 00, title 1 , California Code of Regulations (Register 2007, No. 
28). 

§ 4970.56, Development Projects. 

(a) Development Projects sustain OHV Opportunity and provide OHV 
Recreation, experiences, or related visitor services in the form of new, 
improved, or upgraded Facilities, Roads, trails, or areas, including the re- 
location of an existing Road or trail that is not a required Reroute within 
a Conservation or Trail Maintenance Project. 

(b) Cities, counties, Appropriate Districts, Federal Agencies, and Fed- 
erally Recognized Native American Tribes are eligible to apply for De- 
velopment Projects. Educational Institutions and Nonprofit organiza- 
tions are not eligible to apply for Development Projects. 

(c) Apphcations for Development Projects shall include all the in- 
formation required under Section 4970.53(h) plus the following: 

(1) Conceptual drawings and site plans for the Development Project. 

(2) Land tenure certification to the Division as indicated in the Grants 
Program Manual, Chapter 1, Application Instructions. 

(d) Grantees are required to meet all access requirements under State 
or Federal law as applicable, including, without limitation, the Ameri- 
cans with Disabilities Act of 1990 (Public Law 101-336, July 26, 1990, 
104 Stat 327). 

NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32 and 5090.50, Public Resources Code; and Public Law 
101-336, July 26, 1990, 104 Stat. 327. 

History 

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 
8-1-2006 or emergency language will be repealed by operation of law on the 
following day. 

2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis- 
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 
1 1-28-2006 or emergency language will be repealed by operation of law on the 
following day. 

3. New section refiled J 1 -27-2006 as an emergency; operative 1 1-27-2006 (Reg- 
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL 
by 3-27-2007 or emergency language will be repealed by operation of law on 
the following day. 

4. Certificate of Compliance as to 11-27-2006 order, including amendment of 
section, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 
19). 

§ 4970.57. Facilities Operation and l\/laintenance (FO&M) 
Projects. 

(a) Facihties Operation and Maintenance (FO&M) Projects are for 
routine work to maintain existing facilities, other than Roads, trails, or 
areas, and provide visitor assistance, and health and safety measures at- 
tributable or related to OHV Recreation being provided by the Applicant. 

(b) Cities, counties, Appropriate Districts, Federal Agencies, and Fed- 
erally Recognized Native American Tribes are eligible to apply for 



Page 470.13 



Register 2007, No. 28; 7- 13-2007 



§ 4970.58 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



FO&M Projects. Educational Institutions and Nonprofit organizations 
are not eligible to apply for FO&M Projects. 

(c) Applications for FO&M Projects shall include all the information 
required under Section 4970.53(h). 

NOTE: Authority cited: Sections 5001 .5, and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32 and 5090.50, Public Resources Code. 

History 

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 
2006, No. 14). A Certificate of Compliance must be transmitted lo OAL by 
8-1-2006 or emergency language will be repealed by operation of law on the 
following day. 

2. New section refiled 7-31-2006 as an emergency; operafive 7-31-2006 (Regis- 
ter 2006, No. 31 ). A Certificate of Compliance nuist be transmitted to OAL by 
1 1-28-2006 or emergency language will be repealed by operation of law on the 
following day. 

3. New section refiled 1 1-27-2006 as an emergency; operative 1 1-27-2006 (Reg- 
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL 
by 3-27-2007 or emergency language will be repealed by operation of law on 
the following day. 

4. Certificate of Compliance as to 1 1-27-2006 order, including repealer of former 
section 4970.57 and renumbering and amendment of former secfion 4970.58 to 
new section 4970.57, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Reg- 
ister 2007, No. 19). 

§ 4970.58. Law Enforcement Projects. 

(a) Law Enforcement Projects provide financial assistance to local and 
Federal Agencies for protection of life and property, including natural 
and Cultural Resources, enforcement of laws, public safety, search and 
rescue, personnel support, placement of barriers and other means of traf- 
fic control, and training related to OHV Recreation and OHV Opportuni- 
ties. 

(b) Cities, counties. Appropriate Districts, Federal Agencies, and Fed- 
erally Recognized Native American Tribes are eligible to apply for Law 
Enforcement Projects. Educational Institutions and Nonprofit organiza- 
tions are not eligible to apply for Law Enforcement Projects. 

(c) Applications for Law Enforcement Projects shall include all the in- 
formation required under Section 4970.53(h). 

NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32, 5090.50 and 5090.64(b)(2), Public Resources Code. 

History 

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 
8-1-2006 or emergency language will be repealed by operation of law on the 
following day. 

2. New section refiled 7-3 1-2006 as an emergency; operative 7-31-2006 (Regis- 
ter 2006, No. 3 1). A Certificate of Compliance must be transmitted to OAL by 
1 1-28-2006 or emergency language will be repealed by operation of law on the 
following day. 

3. New section refiled 1 1-27-2006 as an emergency; operative 1 1-27-2006 (Reg- 
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL 
by 3-27-2007 or emergency language will be repealed by operafion of law on 
the following day. 

4. Certificate of Compliance as to 11-27-2006 order, including renumbering of 
former section 4970.58 to section 4970.57 and renumbering and amendment of 
former secfion 4970.59 to new secfion 4970.58 and amendment of Note, trans- 
mitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19). 

§ 4970.59. Off-Highway Vehicle (OHV) Safety and/or 
Education Program Projects. 

(a) OHV Safety and/or Education Program Projects provide the fol- 
lowing to members of the public: 

(1) OHV safety activities, and/or 

(2) Teaching safe and environmentally responsible operation of 
OHVs. 

(b) Cities, counties. Appropriate Districts, Federal Agencies, Federal- 
ly Recognized Native American Tribes, Educational Institutions, and 
Nonprofit organizations are eligible to apply for OHV Safety and/or 
Education Program Projects. 

(c) Applications for OHV Safety and/or Education Program Projects 
shall include all the information required under Section 4970.53(h). 
NOTE; Authority cited: Sections 5001.5 and 5003, Pubhc Resources Code. Refer- 
ence: Secfions 5090.32 and 5090.50, Public Resources Code. 



History 

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 
8-1-2006 or emergency language will be repealed by operation of law on the 
following day. 

2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis- 
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 
1 1-28-2006 or emergency language will be repealed by operation of law on the 
following day. 

3. New section refiled 1 1-27-2006 as an emergency; operative 1 1-27-2006 (Reg- 
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL 
by 3-27-2007 or emergency language will be repealed by operafion of law on 
the following day. 

4. Certificate of Compliance as to 11-27-2006 order, including renumbering of 
former section 4970.59 to section 4970.58 and renumbering and amendment of 
former secfion 4970.60 to new section 4970.59, transmitted to OAL 3-26-2007 
and filed 5-7-2007 (Register 2007, No. 19). 

§ 4970.60. Planning Projects. 

(a) Planning Projects fund activities that produce a report or reports 
that work out in advance and, in general, detail how an OHV Opportunity 
or Project Area is to be organized, developed, operated, conserved, and/ 
or maintained, to meet demand and sustain long-term OHV Recreational 
use. Planning Projects may also provide programmatic management 
coordination. 

(b) Project specific planning efforts such as engineering, landscape de- 
sign, environmental analysis, permitting, and similar actions for specific 
Projects, such as Conservation, Development, or Restoration, must be 
submitted as a component of the specific Project type. 

(c) Cities, counties. Appropriate Districts, Federal Agencies, and Fed- 
erally Recognized Native American Tribes are eligible to apply for Plan- 
ning Projects. Educational Institutions and Nonprofit organizations are 
not eligible to apply for Planning Projects. 

(d) Applications for Planning Projects shall include all the information 
required under Section 4970.53(h). 

NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer- 
ence: Secfions 5024.1, 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources 
Code. 

History 

1. New section filed 4-3-2006 as an emergency; operafive 4-3-2006 (Register 
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 
8-1-2006 or emergency language will be repealed by operafion of law on the 
following day. 

2. New secfion refiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis- 
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 
1 1-28-2006 or emergency language will be repealed by operafion of law on the 
following day. 

3. New secfion refiled 1 1-27-2006 as an emergency; operafive 1 1-27-2006 (Reg- 
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL 
by 3-27-2007 or emergency language will be repealed by operafion of law on 
the following day. 

4. Certificate of Compliance as to 11-27-2006 order, including renumbering of 
former section 4970.60 to section 4970.59 and renumbering and amendment of 
former section 4970.61 to new section 4970.60, transmitted to OAL 3-26-2007 
and filed 5-7-2007 (Register 2007, No. 19). 

§ 4970.61 . Restoration Projects. 

(a) Restoration Projects provide funding to complete all work activi- 
ties that are necessary to return land, plant communities, and plant covers 
to conditions comparable to those of surrounding lands or at least those 
that existed prior to OHV Recreation, when the Road, trail, or area has 
been closed to OHV Recreation and the Applicant has adopted a decision 
to restore the lands when the Applicant has determined that: 

(1) Best available Maintenance and Conservation practices are not 
sufficient to meet established soil standards and/or wildlife habitat 
protection program requirements. 

(2) An area has been damaged by OHV Recreation where such OHV 
Recreafion is not lawfully allowed on such area, or 

(3) The Road, trail, or area that previously provided OHV Opportunity 
is closed as part of a plan adopted by the Applicant due to natural or cul- 
tural or other similar resource protection considerations. 

(b) Cities, counties, Appropriate Districts, Federal Agencies, and Fed- 
erally Recognized Native American Tribes are eligible to apply for Res- 
torauon and/or repair Projects. Educational Institutions and Nonprofit 
organizations are not eligible to apply for Restorafion Projects. 



Page 470.14 



Register 2007, No. 28; 7-13-2007 



Title 14 



Department of Parks and Recreation 



§ 4970.63 



(c) Applications for Restoration Projects shall include all the informa- 
tion required under Section 4970.53(h) plus the following: 

( 1 ) An explanation of what law enforcement efforts and follow up acti- 
vities will be performed to ensure successful completion of the Restora- 
tion Project. 

(2) Official documentation of: 

(A) The Road, trail or area closure for one of the three reasons stated 
herein above, and 

(B) The official decision to restore the lands or to proceed with the 
Restoration Project subject only to completion of environmental review 
required by either CEQA or NEPA. 

NOTE: Authorily cited: Sections 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32, 5090.50 and 5090.64(a), Public Resources Code. 

History 

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 
8-1-2006 or emergency language will be repealed by operafion of law on the 
following day. 

2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis- 
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 
] 1-28-2006 or emergency language will be repealed by operation of law on the 
following day. 

3. New secfion refiled 1 1-27-2006 as an emergency; operative 11-27-2006 (Reg- 
ister 2006. No. 48). A Certificate of Compliance must be transmitted to OAL 
by 3-27-2007 or emergency language will be repealed by operation of law on 
the following day. 

4. Certificate of Compliance as to 1 1-27-2006 order, including renumbering of 
former section 4970.61 to section 4970.60 and renumbering and amendment of 
former secfion 4970.62 to new section 4970.61 , transmitted to OAL 3-26-2007 
and filed 5-7-2007 (Register 2007, No. 19). 

§ 4970.62. Trail Maintenance Projects. 

(a) Trail Maintenance Projects consist of two types: Trail Maintenance 
and/or trail Reroute where the Reroute is necessary due to safety issues 
and/or damage caused by natural disaster. 

(b) Cities, counties, Appropriate Districts, Federal Agencies, and Fed- 
erally Recognized Native American Tribes are eligible to apply for Trail 
Maintenance Projects. Educational Institutions and Nonprofit organiza- 
tions are not eligible to apply for Trail Maintenance Projects. 

(c) Applications for Trail Maintenance Projects shall include all the in- 
formation required under Section 4970.53(h) plus a Trail Maintenance 
Plan. 

NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32 and 5090.50, Public Resources Code. 

History 

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 
8-1-2006 or emergency language will be repealed by operafion of law on the 
following day. 

2. New secfion refiled 7-31-2006 as an emergency; operafive 7-31-2006 (Regis- 
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 
1 1 -28-2006 or emergency language will be repealed by operation of law on the 
following day. 

3. New section refiled 1 1-27-2006 as an emergency; operafive 1 1-27-2006 (Reg- 
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL 
by 3-27-2007 or emergency language will be repealed by operation of law on 
the following day. 

4. Certificate of Compliance as to 11-27-2006 order, including renumbering of 
former section 4970.62 to section 4970.61 and renumbering and amendment of 
former secfion 4970.64 to new secfion 4970.62, transmitted to OAL 3-26-2007 
and filed 5-7-2007 (Register 2007, No. 19). 

5. Change without regulatory effect amending subsecfion (c) filed 7-1 0-2007 pur- 
suant to secfion 100, title 1, California Code of Regulafions (Register 2007, No. 
28). 



Article 3. 



Environmental and Match 
Requirements 



§ 4970.63. California Environmental Quality Act (CEQA) 
Requirements. 

(a) The Division is required to comply with CEQA (PRC Section 
21000 et seq.) in order to approve all Grants and Cooperative Agree- 
ments under the OHM VR Grants and Cooperative Agreements Program. 



(b) Where the Regulations and the Grants Program Manual require 
Funds for Project-specific environmental analysis (CEQA or NEPA 
compliance) to be requested as part of a Project to complete all Deliver- 
ables, such as: Acquisition, Conservation, Development, Planning, or 
Restorafion, the Project approval and implementation process will con- 
sist of two (2) steps as follows: 

(1) Full funding of the Project Agreement will be specifically condi- 
tioned on completion of CEQA or NEPA activities during the first phase 
of the Project to complete the Environinental Documentation authorized 
in the Project Agreement. 

(2) When the CEQA or NEPA activities have been completed and the 
Grantee agency has made the decision to proceed with implementation 
of the Project, as condiUoned by the outcome of the CEQA and/or NEPA 
document, the Project Agreement will be submitted to the Commission 
for approval to release the Funds available for completion of the Project. 

(c) FOR CITY, COUNTY, APPROPRIATE DISTRICT, EDUCA- 
TIONAL INSTITUTION, AND NONPROFIT ORGANIZATION AP- 
PLICANTS ONLY: 

(1) All city, county, Appropriate District, Educational Institution and 
Nonprofit organization Applicants shall provide the required docuinen- 
tation for the Division to determine that CEQA compliance has been met. 
All such Applicants relying on a Categorical Exemption for CEQA com- 
pliance shall also provide responses to questions required in the Environ- 
mental Review Data Sheet (ERDS) found in the Grants Program Manual 
Appendix. CEQA compliance shall be determined by one of the follow- 
ing: 

(A) A Notice of Exemption (NOE) finding that the Project is exempt 
from CEQA that has been filed for the Project consistent with CEQA 
Guidelines Section 15062, or 

(B) An Initial Study/Negative Declaration (IS/ND) or an Initial Study/ 
Mitigated Negative Declaration (IS/MND) for activities that are not cate- 
gorically exempt, but fit within the definition of activities that may be 
covered by a ND under CEQA, together with a copy of the Notice of De- 
termination (NOD) filed for the Project, or 

(C) An Environmental Impact Report (EIR) if the proposed activity 
poses a potentially significant impact as defined in an IS/ND checklist, 
or meets any of the tests for mandatory findings of significance under 
CEQA (PRC Section 21083; CEQA Guidelines Section 15065), or 

(D) Other documentation indicating the requirements of CEQA have 
been satisfied in the discretion of the Applicant or the reasons the Appli- 
cant believes the Project is categorically exempt or not subject to the 
CEQA requirements. 

(2) Within forty-five (45) calendar days of receipt of the Applications, 
the Division shall review the Application for environmental compliance. 

(A) Any Application not addressing 4970.63(c)(1) shall be returned to 
the Applicant without further processing. 

(B) If 4970.63(c)(1) is addressed and the Division needs to clarify in- 
formation provided, the Division shall submit in writing a request for 
such information from the Applicant within the forty-five (45) day re- 
view period. The Division shall request the Applicant provide the addi- 
fional information in writing to the Division within ten (10) calendar days 
of receipt of the request. 

(C) Apphcants that do not return the requested additional information 
within the ten (10) calendar day limit may have their Applications re- 
turned without further processing. 

(3) Notwithstanding 4970.63(b)(1), where the Applicant is not a lead 
agency and CEQA compliance has not otherwise been met, the Applicant 
shall provide responses to questions required in the Environmental Re- 
view Data Sheet (ERDS) found in the Appendix, and shall also provide 
adequate information to the Division to make a sufficient Project review 
to determine the appropriate level of CEQA compliance and any addi- 
fional Environmental Documentation required. 

(A) Within forty-five (45) calendar days of determining the Applica- 
tion has complied with the Grants Program Manual, Chapter 1 , Applica- 
tion Instructions, the Division will determine what additional documen- 
tation or information is required for the Division to complete the 



Page 470.15 



Register 2007, No. 28; 7-13-2007 



§ 4970.64 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



requirements for CEQA, with an assessment of the amount of further 
CEQA analysis and compliance that may be required. The Division can- 
not promise to complete the added CEQA work needed if the time and 
resources required exceed the time and resources available to complete 
the Application selection process. If the Division determines that it can- 
not complete the necessary additional CEQA work, it reserves the right 
to inform the Applicant in writing and return the Application and sup- 
porting materials. 

(B) If the Division determines that additional information is required 
for the Application to comply with CEQA and that such work may be 
completed with existing resources and within the timeframe for the Ap- 
plication process, it will request such additional documentation from the 
Applicant be returned within ten (10) calendar days of the written re- 
quest. 

(1) Applicants who do not return the requested additional information 
within the ten- (10) day time limit will have their Applications returned 
without further processing. 

(2) For those Applications that are accepted for further CEQA com- 
pliance, the Division will use its best efforts to causethe CEQA com- 
pliance work to be completed in sufficient time for final Commission re- 
view of the Applications and approval to issue Project Agreements. 
However, the Division cannot guarantee the Project will be certified as 
CEQA compliant. Also, the Division reserves the right to cease CEQA 
compliance work if it determines the Project may not be funded in light 
of the Project evaluation and scoring process and submission of the Proj- 
ect to the Commission for review and approval. 

(d) FOR FEDERAL AGENCIES OR FEDERALLY RECOGNIZED 
NATIVE AMERICAN TRIBE APPLICANTS ONLY 

(1) All Federal Agency and Federally Recognized Native American 
Tribe Applicants shall submit completed Project-related NEPA com- 
pliance documentation with their Applications together with the re- 
sponses to questions required by Grants Program Manual, Chapter 1, 
Section 1.4 to allow the Division to make a sufficient Project review to 
determine the appropriate level of CEQA compliance and any additional 
Environmental Documentation required. 

(2) Within forty-five (45) calendar days of determining an Applica- 
tion has complied with the Grants Program Manual, Chapter 1, Applica- 
tion Instructions, the Division will determine what additional documen- 
tation or information is required for the Division to complete the 
requirements for CEQA, with an assessment of the amount of further 
CEQA analysis and compliance that may be required. The Division can- 
not promise to complete the added CEQA work needed if the time and 
resources required exceed the time and resources available to complete 
the Application selection process. If the Division determines that it can- 
not complete the necessary additional CEQA work, it reserves the right 
to inform the Applicant in writing and return the Application and sup- 
porting materials. 

(A) If the Division determines that additional information is required 
for the Applications to comply with CEQA and such work may be com- 
pleted with existing resources and within the timeframe for the Applica- 
tion process, it will request such additional documentation from the Ap- 
plicant be returned within ten (10) calendar days of the written request. 

(B) Applicants who do not return the requested additional information 
within the ten- (10) day time limit may have their Applications returned 
without further processing. 

(C) For those Applications that are accepted for further CEQA com- 
pliance, the Division will use its best efforts to cause the CEQA com- 
pliance work to be completed in sufficient time for final Commission re- 
view and approval of the Applications for the Project(s). However, the 
Division cannot guarantee the Project will be certified as CEQA com- 
pliant. Also, the Division reserves the right to cease CEQA compliance 
work if it determines the Project may not be funded in light of the Project 
evaluation and scoring process and submission of the Project to the Com- 
mission for review and approval. 



NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32 and 5090.50(g), 15000 et seq., and 21000 et seq., Public 
Resources Code; USC Title 42, Section 4371; and 40 CFR part L500.], et seq. 

History 

1 . New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 
8-1-2006 or emergency language will be repealed by operation of law on the 
following day. 

2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis- 
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 
1 1-28-2006 or emergency language will be repealed by operation of law on the 
following day. 

3. New section refiled 1 1 -27-2006 as an emergency; operative 11 -27-2006 (Reg- 
ister 2006, No. 48). A Certificate of Compliance must be transniitted to OAL 
by 3-27-2007 or emergency language will be repealed by operation of law on 
the following day. 

4. Certificate of Compliance as to 11-27-2006 order, including relocation of ar- 
ticle 3 heading from secfion 4970.65 to section 4970.63, repealer of former sec- 
tion 4970.63 and renumbering and amendment of former section 4970.65 to 
new section 4970.63, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Reg- 
ister 2007, No. 19). 

5. Change without regulatory effect amending subsections (c)(1), (c)(2)(A)-(B) 
and (c)(3) filed 7-10-2007 pursuant to section 100, ntle 1, California Code of 
Regulations (Register 2007, No. 28). 

§ 4970.64. Wildlife Habitat Protection Program (WHPP) / 
Habitat Management Program (HMP). 

(a) A Wildlife Habitat Protection Program (WHPP) is an animal and 
plant Habitat Management Program (HMP) designed to sustain a Viable 
Species Composition for the Project Area, pursuant to PRC Sections 
5090.35(b) and 5090.50. 

(b) All Federal Agency and Federally Recognized Native American 
Tribe Applications for Funds, with the exception of law enforcement 
shall submit a WHPP/HMP designed to sustain a Viable Species Com- 
position for the Project Area. 

(c) All city, county, and Appropriate District Applicants for Acquisi- 
tion and Development Projects shall develop and submit with their Ap- 
pUcation, pursuant to PRC Section 5090.53, a WHPP/HMP designed to 
sustain a Viable Species Composition for the Project Area. 

(d) When WHPP/HMP implementation is required, the WHPP/HMP 
must be implemented regardless of whether the Grantee received Funds 
specifically for WHPP/HMP implementation. 

(e) A WHPP/HMP shall follow the Grants Program Manual, Chapter 
1, Application Instructions, and the Appendix, and include the following 
components as applicable: 

(1) Species or habitats of concern related to OHV Recreation. 

(2) Risk factors associated with OHV Recreation. 

(3) Management objectives and actions, including success criteria. 

(4) Monitoring. 

(5) Management review and response. 

(f) Witliin forty-five (45) calendar days of the Grant Application sub- 
mittal date, the Division shall review all Applications to ensure that all 
required components of the WHPP/HMP are addressed. 

(1) Any Application required to include a WHPP/HMP pursuant to 
4970.64(b) or (c) and not addressing all required WHPP/HMP compo- 
nents as described in Grants Program Manual, Chapter 1, Section 1.5 
shall be returned to the Applicant without further processing. 

(2) If all required WHPP/HMP components are addressed but the Di- 
vision needs to clarify information provided and has determined that 
such clarification may be completed within the timeframe for the Ap- 
plication process, it shall request such additional documentation from the 
Applicant be returned within ten (10) calendar days of the written re- 
quest. 

(3) Applicants who do not return the requested additional information 
within the ten- (10) day time limit shall have their Applications returned 
without further processing. 

NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code. 



Page 470.16 



Register 2007, No. 28; 7-13-2007 



Title 14 



Department of Parks and Recreation 



§ 4970.67 



HrSTORY 

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 
8-1-2006 or emergency language will be repealed by operation of law on the 
following day. 

2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis- 
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 
1 1-28-2006 or emergency language will be repealed by operation of law on the 
following day. 

3. New section refiled 1 1-27-2006 as an emergency; operative 1 1-27-2006 (Reg- 
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL 
by 3-27-2007 or emergency language will be repealed by operation of law on 
the following day. 

4. Certificate of Compliance as to 11-27-2006 order, including renumbering of 
former section 4970.64 to section 4970.62 and renumbering and amendment of 
former section 4970.66 to section 4970.64, transmitted to OAL 3-26-2007 and 
filed 5-7-2007 (Register 2007, No. 19). 

5. Change without regulatory effect amending subsecfion (f)(1) filed 7-10-2007 
pursuant to section 1 00, title 1 , California Code of Regulations (Register 2007. 
No. 28). 

§ 4970.65. Soil Conservation Program. 

(a) All Federal Agency and Federally Recognized Native American 
Tribe Applications, with the exception of Applications solely for law en- 
forcement, pursuant to PRC Section 5090.50(i), shall submit documenta- 
tion showing that the Project meets the Soil Conservation Standards re- 
quired by PRC Section 5090.53(b). 

(b) All city, county, and Appropriate District Applications for Ac- 
quisition and Development Projects shall submit evidence showing that 
the Project meets the Soil Conservation Standards required by PRC Sec- 
tion 5090.53(b). 

(c) The Soil Conservation Program shall comply with PRC 5090.35, 
5090.50, and 5090.53, the Grants Program Manual, Chapter 1, the Ap- 
pendix, and the Soil Conservation Guidelines/Standards for Off-High- 
way Vehicle Recreation Management (1 1/14/91) until replaced by any 
subsequent Soil Conservation Standards. The Soil Conservation Pro- 
gram shall include the following components as applicable: 

(1) Maintenance 

(2) Soils Condition Assessment 

(3) Monitoring 

(4) Actions Taken 

(5) Technical Assessment for New Trail Construction 

NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code. 

History 

1 . New article 3 (sections 4970.65-4970.68) and secdon filed 4-3-2006 as an 
emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Com- 
pliance must be transmitted to OAL by 8-1-2006 or emergency language will 
be repealed by operation of law on the following day. 

2. New article 3 (sections 4970.65-4970.68) and section refiled 7-31-2006 as an 
emergency; operafive 7-31-2006 (Register 2006, No. 31). A Certificate of 
Compliance must be transmitted to OAL by 1 1-28-2006 or emergency lan- 
guage will be repealed by operation of law on the following day. 

3. New article 3 (sections 4970.65-4970.68) and section refiled 1 1-27-2006 as an 
emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of 
Compliance must be transmitted to OAL by 3-27-2007 or emergency language 
will be repealed by operation of law on the following day. 

4. Certificate of Compliance as to 1 1-27-2006 order, including relocation of ar- 
ticle 3 heading from section 4970.65 to section 4970.63, renumbering of former 
section 4970.65 to new section 4970.63 and renumbering and amendment of 
former section 4970.67 to secdon 4970.65, transmitted to OAL 3-26-2007 and 
filed 5-7-2007 (Register 2007, No. 19). 

§ 4970.66. IVIatch Requirements. 

(a) Except as provided in 4970.66(c), cities, counties, and Appropriate 
Districts, Nonprofit organizadons, and Educational Institutions shall 
provide matching funds or the equivalent value of services, material, or 
property used, in an amount of not less than twenty-five (25) percent of 
the total expense of the offhighway motor vehicle Facility to be funded 
by the Grant. 

(b) All Federal Agencies and Federally Recognized Native American 
Tribes are exempt from the matching funds requirement in accordance 
with PRC Secdon 5090.51(a). 



(c) There shall be no matching fund requirement for Applications that 
request Funds for Acquisidon, Development, Construction, or Planning 
of a Regional OHV Facility as defined in Secdon 4970.50(uu). 

(d) Cities, coundes, and Appropriate Districts must provide a match 
as follows: 

(1) For Acquisition Projects, in non-regional facilities only. 

(2) For Conservadon Projects, in all facilides with the exception of 
Construction acdvities in regional facilides. 

(3) For Development Projects, in non-regional facilides only. 

(4) For FO&M Projects, in all facilides with the exception of 
Construcdon activities in regional facilides. 

(5) For Law Enforcement Projects, in all facilities. 

(6) For OHV Safety and/or Education Program Projects, in all facili- 
des. 

(7) For Planning Projects, in non-regional facilides only. 

(8) For Restoradon Projects, in all facilities with the exception of 
Construction acdvities in regional facilides. 

(9) For Trail Maintenance Projects in all facilities with the exception 
of Construcdon acdvides in regional facilides. 

(e) Nonprofit organizadons and Educadonal Institudons must provide 
a match as follows: 

(1) For Conservadon Projects, in all facilities with the excepdon of 
Construction activities in regional facilides. 

(2) For OHV Safety and/or Education Program Projects, in all facili- 
des. 

NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Secdon 5090.51, Public Resources Code. 

History 

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 
8-1-2006 or emergency language will be repealed by operation of law on the 
following day. 

2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis- 
ter 2006, No. 3 1 ). A Certificate of Compliance must be transmitted to OAL by 
1 1-28-2006 or emergency language will be repealed by operation of law on the 
following day. 

3. New section refiled 1 1 -27-2006 as an emergency; operative 1 1-27-2006 (Reg- 
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL 
by 3-27-2007 or emergency language will be repealed by operation of law on 
the following day. 

4. Certificate of Compliance as to 11-27-2006 order, including renumbering of 
former section 4970.66 to section 4970.64 and renumbering and amendment of 
former section 4970.68 to new section 4970.66, transmitted to OAL 3-26-2007 
and filed 5-7-2007 (Register 2007, No. 19). 



Article 4. Application Evaluation and 
Approval of Project Agreements 

§ 4970.67. Application Evaluation System. 

Applicadons that meet the submission requirements will be evaluated, 
scored, and awarded on a compeddve basis according to the provisions 
of the Grants Program Manual, Chapter 2, Applicadon Evaluadon Sys- 
tem and OHV Form K in the Appendix. 

NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.24 and 5090.32, Public Resources Code. 

History 

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 
8-1-2006 or emergency language will be repealed by operation of law on the 
following day. 

2. New section refiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis- 
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 
1 1-28-2006 or emergency language will be repealed by operation of law on the 
following day. 

3. New section refiled 1 1-27-2006 as an emergency; operative 11 -27-2006 (Reg- 
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL 
by 3-27-2007 or emergency language will be repealed by operation of law on 
the following day. 

4. Certificate of Compliance as to 11-27-2006 order, including relocation and 
amendment of article 4 heading from section 4970.69 to section 4970.67, re- 
numbering of former section 4970.67 to section 4970.65 and renumbering and 
amendment of former secdon 4970.69 to new section 4970.67, transmitted to 
OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19). 



Page 470.17 



Register 2007, No. 28; 7-13-2007 



§ 4970.68 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



§ 4970.68. Commission Approval of Grants and 
Cooperative Agreements Program 
Applications. 

(a) Applications shall be considered once annually as long as OHV 
Trust Funds are available. 

(b) In accordance with the provisions of the Grants Program Manual, 
Chapter 2, the Commission Chair may designate a Grants and Coopera- 
tive Agreements Program Subcommittee ("Subcommittee") to hold pub- 
lic meetings for preliminary consideration of the Applications that have 
been evaluated, scored, and ranked by the Division. 

(c) The Commission shall review Applications and approve the is- 
suance of Project Agreements by the Division. This review shall be con- 
ducted in accordance with these regulations and will include public com- 
ment relating to the Applications submitted. The Commission may 
accept the findings and conclusions of the Division, any recommenda- 
tions of the Subcommittee, if appointed by the Chair, or make revisions 
based on these regulations, the information in the Applications as origi- 
nally submitted, and any public comment regarding the information sub- 
mitted in the original Applications. 

(d) The Division shall post the Commission's approved Project hst on 
the Division Website. 

NOTE; Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32 and 5090.61, Public Resources Code. 

History 

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 
8-1-2006 or emergency language will be repealed by operation of law on the 
following day. 

2. New section lefiled 7-31-2006 as an emergency; operative 7-31-2006 (Regis- 
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 
1 1-28-2006 or emergency language will be repealed by operation of law on the 
following day. 

3. New section refiled 1 1-27-2006 as an emergency; operative 1 1-27-2006 (Reg- 
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL 
by 3-27-2007 or emergency language will be repealed by operation of law on 
the following day. 

4. Certificate of Compliance as to 1 1-27-2006 order, including renumbering of 
former section 4970.68 to new section 4970.66 and renumbering former section 
4970.70 to new section 4970.68 with amendments to section heading and sec- 
tion, transmitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 
19). 



Article 5. 



Project Administration 
Procedures 



§ 4970.69. Project Agreements. 

The Division shall prepare and execute Project Agreements to imple- 
ment the Projects approved by the Commission. 

NOTE: Authority cited: Sections 5001 .5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32 and 5090.61, Public Resources Code. 

HtSTORY 

1 . New article 4 (sections 4970.69-4970.70) and secfion filed 4-3-2006 as an 
emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Com- 
pliance must be transmitted to OAL by 8-1-2006 or emergency language will 
be repealed by operation of law on the following day. 

2. New article 4 (sections 4970.69-4970.70) and section refiled 7-31-2006 as an 
emergency; operative 7-31-2006 (Register 2006, No. 31). A Cenificate of 
Compliance must be transmitted to OAL by 1 1-28-2006 or emergency lan- 
guage will be repealed by operation of law on the following day. 

3. New article 4 (sections 4970.69-4970.70) and section refiled 1 1-27-2006 as an 
emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of 
Compliance must be transmitted to OAL by 3-27-2007 or emergency language 
will be repealed by operafion of law on the following day. 

4. Certificate of Compliance as to 1 1-27-2006 order, including relocation of ar- 
ticle 4 heading from section 4970.69 to section 4970.67, relocation and amend- 
ment of article 5 heading from section 4970.71 to section 4970.69, renumbering 
of former secfion 4970.69 to section 4970.67 and new secfion 4970.69, trans- 
mitted to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19). 

§ 4970.70. Project Administration. 

(a) The Division and the Grantees shall comply with the Project ad- 
ministration procedures set forth in the Grants Program Manual, Chapter 
3. 



(b) Grantees shall maintain financial accounts, documents, and re- 
cords in accordance with the accounting practices described in Chapter 
3, Section 3.6.3 for all Projects and shall make them available to the De- 
partment' s Auditor. 

NOTE: Authority cited: Sections 500 1.5 and 5003, Public Resources Code. Refer- 
ence: Sections 5090.32 and 5090.50, Public Resources Code. 

History 

1. New section filed 4-3-2006 as an emergency; operative 4-3-2006 (Register 
2006, No. 14). A Certificate of Compliance must be transmitted to OAL by 
8-1-2006 or emergency language will be repealed by operation of law on the 
following day. 

2. New section refiled 7-31-2006 as an emergency; operafive 7-31-2006 (Regis- 
ter 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 
1 1-28-2006 or emergency language will be repealed by operafion of law on the 
following day. 

3. New secfion refiled 1 1-27-2006 as an emergency; operafive 1 1-27-2006 (Reg- 
ister 2006, No. 48). A Certificate of Compliance must be transmitted to OAL 
by 3-27-2007 or emergency language will be repealed by operafion of law on 
the following day. 

4. Certificate of Compliance as to 11-27-2006 order, including renumbering of 
former section 4970.70 to section 4970.68 and new section 4970.70, transmitted 
to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19). 

§4970.71. Performance Reviews. 

(a) The Division may conduct Performance Reviews of the Grantee's 
Project(s) taking into consideration past and current performance. The 
purpose of these Performance Reviews is to identify any areas where the 
Division may provide technical advice and consultation to the Grantee 
to improve any aspect of a Project. These Performance Reviews may in- 
clude, but are not limited to, review of a Project to determine progress to- 
ward the completion of Deliverables, review of implementation of 
WHPP/HMP and Soil Conservation Programs, or other requirements 
contained in Project Agreements. Performance Review may be accom- 
plished by, desk reviews, questionnaires, and other standards of inquiry, 
and/or site visits. 

(b) The Grantee shall permit Division staff, with a minimum of 
twenty-one (21) calendar days notice, to conduct a site visit to review the 
Grantee's Project(s). The site visit will include review of progress to- 
wards the accomplishment of Deliverables, which may become part of 
Audit findings, and may include a final inspection of the Project facilities 
and other Project Deliverables to determine if the work performed is in 
accordance with the Project Agreement. 

(1) Grantees shall make their Project Areas, applicable documenta- 
tion, and staff who are knowledgeable about or oversee the Project avail- 
able to the Division for site visits as described in the Grants Program 
Manual, Chapter 3. 

(2) When Division staff conducts a site visit, staff shall develop a re- 
port containing any comments and recommendations with regard to the 
performance of the Grantee's Project. A copy of the report shall be pro- 
vided to the Grantee. 

(3) Grantees shall respond in writing to the Division within sixty (60) 
calendar days to all comments and recommendations provided by Divi- 
sion staff as a result of a site visit. The response shall describe all actions 
taken or proposed in response to the recommendations in the site visit re- 
port. 

(c) Failure to cooperate with requests for information or site access 
during a Performance Review or Audit made pursuant to these regula- 
tions may result in denial of payment requests and/or reimbursement to 
the State of amounts advanced. 

NOTE; Authority cited: Secfions 5001.5 and 5003, Public Resources Code. Refer- 
ence: Section 5090.32, Public Resources Code. 

History 

1. New article 5 (sections 4970.71-4970.72) and secfion filed 4-3-2006 as an 
emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Com- 
pfiance must be transmitted to OAL by 8-1-2006 or emergency language will 
be repealed by operation of law on the following day. 

2. New article 5 (sections 4970.71^970.72) and secfion refiled 7-31-2006 as an 
emergency; operafive 7-31-2006 (Register 2006, No. 31). A Certificate of 
Compliance must be transmitted to OAL by 11-28-2006 or emergency lan- 
guage will be repealed by operation of law on the following day. 

3. New article 5 (secfions 4970.71-4970.72) and secfion refiled 1 1-27-2006 as an 
emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of 



Page 470.18 



Register 2007, No. 28; 7-13-2007 



Title 14 



Department of Parks and Recreation 



§4971 



Compliance must be transmitted to OAL by 3-27-2007 or emergency language 
will be repealed by operation of law on the following day. 

4. Certificate of Compliance as to 11-27-2006 order, including relocation and 
amendment of article 5 heading from section 4970.71 to section 4970.69, re- 
numbering of former section 4970.71 to new section 4970.72 and renumbering 
and amendment of former section 4970.72 to new section 4970.71, transmitted 
to OAL 3-26-2007 and filed 5-7-2007 (Register 2007, No. 19). 

§ 4970.72. Audits. 

(a) The Department of Parks and Recreation Audit Office staff or other 
Department designee will Audit Projects to assure that the expenditures 
incurred by the Grantee were made in accordance with the provisions of 
Public Resources Code Section 5090.50 and have been expended in ac- 
cordance with the Project Agreement. 

(b) The Grantee shall retain all financial accounts, documents, and re- 
cords pertinent to the Project for: a) three (3) years from the expiration 
date of the Project Agreement or b) until an Audit started during the three 
(3) years following the expiration of the Project Agreement has been 
completed; a report is published; and any Audit findings are resolved 
and/or payment or other correction made with regard to any Audit find- 
ings contained in the final Audit report. 

(c) Failure to fully complete Projects as agreed in the Project Agree- 
ment; and/or to maintain records supporting the expenditures made pur- 
suant to the Project Agreement, these regulations, and any other applica- 
ble law; and/or failure of such records to support expenditures claimed 
and payments received, shall be grounds for an Audit exception requiring 
refund of amounts paid. 

(d) The Department shall have the right to visit Project Areas to con- 
firm the completion of Deliverables and inspect and/or make copies of 
any books, records, or reports of the Grantee pertaining to all Projects. 

(e) Upon completion of the Department Audit, the Grantee shall be 
provided a copy of the final Audit report that shall contain the results of 
the Audit including all Audit exceptions and refunds found to be due. If 
the Audit results identify exceptions resulting in refunds due to the State, 
the Grantee shall have sixty (60) calendar days to refund the overpay- 
ment to the State unless the Grantee elects to request review of the Audit 
results as set forth in 4970.72(f). 

(f) A Grantee may request review of the Audit report. The Grantee 
must request the review in writing to the Division within thirty (30) calen- 
dar days of receipt of the Audit report. Where a Grantee has requested 
such review, the Division will have final authority to determine what if 
any amount is due back to the State. The Division will have thirty (30) 
calendar days to respond to the request. If the Division does not provide 
a response within the thirty (30) days, the Audit report will be deemed 
final. The Grantee shall have sixty (60) calendar days from the date Audit 
results are deemed final to remit payment. Failure to remit payment with- 
in the sixty (60) calendar days may result in the withholding or commen- 
surate reduction of future reimbursement payments or advances on other 
Grantee Projects or such other remedies to collect the money as may be 
available by law. 

NOTE: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Refer- 
ence: Section 5090.32, Public Resources Code. 



History 

1. New article 5 (sections 4970.71^970.72) and section filed 4-3-2006 as an 
emergency; operative 4-3-2006 (Register 2006, No. 14). A Certificate of Com- 
pliance must be transmitted to OAL by 8-1-2006 or emergency language will 
be repealed by operation of law on the following day. 

2. New article 5 (sections 4970.71-4970.72) and section refiled 7-31-2006 as an 
emergency; operative 7-31-2006 (Register 2006, No. 31). A Certificate of 
Compliance must be transmitted to OAL by 1 1-28-2006 or emergency lan- 
guage will be repealed by operation of law on the following day. 

3. New article 5 (sections 4970.71-4970.72) and section refiled 1 1-27-2006 as an 
emergency; operative 1 1-27-2006 (Register 2006, No. 48). A Certificate of 
Compliance must be transmitted to OAL by 3-27-2007 or emergency language 
will be repealed by operation of law on the following day. 

4. Certificate of Compliance as to 11-27-2006 order, including renumbering of 
former section 4970.72 to new section 4970.71 and renumbering and amend- 
ment of former section 4970.71 to new section 4970.72, transmitted to OAL 
3-26-2007 and filed 5-7-2007 (Register 2007, No. 19). 



Chapter 16. Relocation Assistance 



Article 1. General Provision 

§ 4971 . Department of Parks and Recreation Relocation 
Assistance. 

The regulations adopted under this chapter implement the require- 
ments of Section 7267.8 of the Government Code for all public entities 
to adopt rules and regulations to implement payments and to adininister 
relocation assistance in accordance with the rules and regulations 
adopted by the Department of Housing and Community Development. 
With respect to a federally funded project, the Department of Parks and 
Recreation shall make relocation assistance payments and provide re- 
location advisory assistance as required under federal law. The Depart- 
ment of Housing and Community Development Relocation Guidelines 
(Title 25, California Code of Regulations, Chapter 6, Subchapter 1, Ar- 
ticles 1 through 6, commencing with Section 6000 and concluding with 
Section 6198), including any subsequent amendments thereto, are here- 
by incorporated by reference as if fully set forth in this chapter. For pur- 
poses of this chapter, "public entity" as used in the Department of Hous- 
ing and Community Development Guidelines shall mean "Department 
of Parks and Recreation". 

NOTE: Authority cited: Section 5003, Public Resources Code. Reference: Section 
7267.8, Government Code. 

History 

1. New chapter 16, article 1 (section 4971) and section filed 2-28-2002 as an 
emergency; operative 2-28-2002 (Register 2002, No. 9). A Certificate of Com- 
pliance must be transmitted to OAL by 6-28-2002 or emergency language will 
be repealed by operation of law on the following day. 

2. New chapter 16, article 1 (section 4971) and section refiled 6-27-2002 as an 
emergency; operative 6-27-2002 (Register 2002, No. 26). A Certificate of 
Compliance must be transmitted to OAL by 10-25-2002 or emergency lan- 
guage will be repealed by operation of law on the following day. 

3. Certificate of Compliance as to 6-27-2002 order transmitted to OAL 
10-15-2002 and filed 10-28-2002 (Register 2002, No. 44). 



Hj >H 5H 



Page 470.19 



Itegister 2007, No. 28; 7-13-2007 



■^^Bki 



Barclays Official 

California 

Code of 
Regulations 



• 



Title 14. Natural Resources 

Division 4. Department of Boating and Waterways 



Vol. 19 



THOIVISOIM 

^^ 

WEST 



Barclays Official California Code of Regulations 

425 Market Street • Fourth Floor • San Francisco, CA 94105 
800-888-3600 



Title 14 



Department of Boating and Waterways 



Table of Contents 



• 



Division 4. Department of Boating and Waterways 



Table of Contents 



Page 



Page 



Chapter 1. 



Department of Boating and 



Article 1. 


Planning Loan Regulations 


§ 5000. 


Short Title. 


§5001. 


Loan Conformity. 


§ 5002. 


Application. 


§ 5003. 


Terms of Loan. 


§ 5004. 


Approval. 


Article 1.1. 


Public Small Craft Harbor 




Loan Regulations 


§ 5100. 


Short Title. 


§5101. 


Definitions. 


§ 5102. 


Application. 


§ 5103. 


Feasibility Review. 


§ 5104. 


Priority. 


§ 5105. 


Loan Terms and Conditions. 


§ 5106. 


Project Development. 


§5107. 


Default Remedies. 


Article 1.2. 


Launching Facility Grant 




Regulations 


§5150. 


Short Title. 


§5151. 


Grant Conformity. 


§ 5152. 


Application. 


§ 5153. 


Approval of Grant. 


§ 5154. 


Construction and Operation 




Agreement. 


Article 1.3. 


Floating Rest Room Grant 




Regulations 


§ 5160. 


Short Title. 


§5161. 


Grant Conformity. 


§ 5162. 


Application. 


§5163. 


Construction and Operation 




Agreement. 


Article 1.4. 


Recreational Marina Loan 




Regulations 


§5170. 


Short Title. 


§5171. 


Definitions. 


§ 5172. 


Application. 


§5173. 


Application Review. 


§ 5174. 


Priority. 


§ 5175. 


Loan Terms and Conditions. 


§5176. 


Default Remedies. 


Article 2. 


Vessel Waste Disposal 4 


§ 5200. 


Shoreside Facilities for Removing 



Article 3. 



• 



§ 6500. 
§ 6501. 
§ 6502. 

§ 6503. 

§ 6504. 
§ 6505. 



471 



471 



473 



474 



474 



Article 4. 



Waste from Vessel Holding Tank. 
Boating Accident and 
Casualty Reporting 474.2 

Purpose. 

Applicability. 

Immediate Notification of Death or 

Disappearance. 

Peace Officer Reports to 

Department. 

Boat Accident Reports in Writing. 

Content. 

Equipment Requirements 474.4 



§ 6550. Purpose. 

§ 6550.5. Scope of Articles 4 and 5. 

§ 6551. Invalidity of Provision or of 

Application to Particular Person or 

Ciicumstance. 
§ 6552. Definitions. 

§ 6553. Classes of Motorboats. 

§ 6554. Measurement. 

§ 6555. Equipment for Sound Signals. 

§ 6556. Whistle or Other Sound-Producing 

Mechanical Appliance — ^While 

Operating on Inland Waters. 
§ 6557. Equipment for Sound 

Signals — While Operating on the 

"High Seas." 
§ 6557.1. Technical Details of Sound Signal 

Appliances Required for Use on 

Vessels Operating on the "High 

Seas." 
§ 6558. Foghorn. 

§ 6559. Foghorn — While Operating on 

Inland Waters. 
§ 6560. Foghorn — While Operating on the 

"High Seas." 
§ 6561 , Bell and Other Fog Sound Signal 

Devices. 
§ 6562. Bell and Other Fog Sound Signal 

Devices — While Operating on 

Inland Waters. 
§ 6563. Bell and Other Sound Signal 

Devices — While Operafing on the 

"High Seas." 
§ 6564. Personal Flotafion Devices. 

§ 6565. Personal Flotation Devices for 

Boats. 
§6565.1. Applicability. 

§ 6565.2. Definitions. 

§ 6565.3. Applicability. 

§ 6565.4. Definitions. 

§ 6565.5. Personal Flotation Devices 

Required. 
§ 6565.6. Exceptions. 

§ 6565.7. Stowage. 

§ 6565.8. Conditions; Size and Fit; Approval 

Marking. 
§ 6565.9. Personal Flotafion Device 

Equivalents. 
§ 6566. Life Preservers and Lifesaving 

Equipment — Passengers-for-Hire 

Vessels. 
§ 6567. Life Preserver and Other Lifesaving 

Equipment — Class 3(b) Motorboat. 
§ 6568. Life Preserver and Other Lifesaving 

Equipment — Barge Carrying 

Passengers for Hire. 
§ 6568.1. Lifesaving Devices for Boats Other 

Than Motorboats. 
§ 6569. Fire Exfinguishing Equipment. 

§ 6570. Fire Exfinguishing 

Equipment — Definifions. 
§ 6571. Fire Extinguishing 

Equipment — Vaporizing — Liquid 

Type. 
§ 6572. Fire Extinguishing 

Equipment — Markings Required. 



Page i 



(1-12-2007) 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



Page 



Page 



§ 6573. 


Fire Extinguishing 




Equipment — Requirements. 


§ 6574. 


Backfire Flame Control. 


§ 6575. 


Ventilation. 


§6575.1. 


Operator Responsibility. 


§ 6575.2. 


Applicability. 


§ 6575.3. 


Definitions. 


§ 6575.4. 


Incorporation by Reference. 


§ 6575.5. 


Powered Ventilation System. 


§ 6575.6. 


Natural Ventilation System. 


§ 6575.7. 


Standards for Natural Ventilation. 


§ 6576. 


Liquefied Petroleum Gas. 


Article 4.1. 


Capacity Plate 


§ 6580. 


Capacity Plate. 


§6581. 


Exemptions. 


Article 4.5. 


Law Enforcement Vessels 


§ 6590. 


Law Enforcement Vessels. 


§6591. 


Blue Light for Enforcement Vessels. 


§ 6592. 


Sound Level Measuring 




Instruments. 


Article 4.5.1. 


Boating Safety and 




Enforcement Financial Aid 




Program 


§ 6593. 


Short Title. 


§6593.1. 


Purpose. 


§ 6593.2. 


Definitions. 


§ 6593.3. 


Boating Safety and Enforcement 




Activities. 


§ 6593.4. 


Eligibility. 


§ 6593.5. 


Application. 


§ 6593.6. 


Annual Contract. 


§ 6593.7. 


Financial Eligibility Formula. 


§ 6593.8. 


Allowable and Non-Allowable 




Costs. 


§ 6593.9. 


Reimbursement Procedures. 


§6593.10. 


Audits and Appeals. 


§6593.11. 


Exhibits. 


Article 4.6. 


Multi-Jurisdictional Vessel 




Restrictions 4 



483 



483 



§ 6595. Prohibition of Watercraft Powered 

by Certain Spark-Ignition 
Two-Stroke Engines. 

Article 5. Pilot Rules and Rules of the 

Road 484.6 



§ 6600. 


Purpose. 


§6600.1. 


Incorporation by Reference. 


§6601. 


Invalidity of Provision or of 




Application to Particular Person or 




Circumstance. 


§ 6602. 


Definitions. 


§ 6604. 


Maneuvering and Warning Signals. 


§ 6605. 


Sound Signal — One Short Blast. 


§ 6606. 


Sound Signal — Two Short Blasts. 


§ 6607. 


Sound Signal — Three Short Blasts. 


§ 6608. 


Cross Signals — Forbidden. 


§ 6609. 


Sound Signals in Restricted 




Visibility. 


§ 6610, 


Sound Signal — Reduced 




Visibility — Power Driven Vessel 




Underway. 


§6611. 


Sound Signal — Reduced 




Visibility — Power Driven Vessel 




Towing. 


§6612. 


Sound Signal — Reduced 




Visibility — Vessel Towed. 


§6613. 


Sound Signal — Reduced 




Visibility — Sail Vessel Underway. 


§6614. 


Application. 


§6615. 


Safe Speed. 


§6616. 


Reduced Visibility — Fog Signal 




Forward of Beam. 



§6617. 


Sound Signals — Reduced 




Visibility — Vessel at Anchor. 


§6618. 


Risk of Collision. 


§6618.1. 


Action to Avoid Collision. 


§6619. 


Responsibilities Between Vessels. 


§6619.1. 


Vessel Traffic Services. 


§6619.2. 


Conduct of Vessels in Sight of One 




Another. 


§ 6620. 


Sailing Vessels. 


§6621. 


Steering and Sailing 




Rules — Meeting of Power Driven 




Vessels and Sailing Vessels. 


§ 6622. 


Steering and Sailing Rules — Danger 




Signal. 


§ 6623. 


Steering and Sailing Rules — Signals 




Only When in Sight. 


§ 6624. 


NaiTow Channels. 


§ 6625. 


Action by Give-Way Vessel. 


§ 6626. 


Steering and Sailing Rules — Vessels 




Passing Each Other. 


§ 6627. 


Head-On Situation. 


§ 6628. 


Overtaking. 


§ 6629. 


Crossing Situation. 


§6629.1. 


Action by Stand-On Vessel. 


§ 6630. 


Steering and Sailing Rules — Vessels 




Nearing Bend or Curve in Channel; 




Moving from Docks. 


§6630.1. 


Conduct of Vessels in Restricted 




Visibility. 


§6631. 


Responsibility. 


§ 6632. 


Steering and Sailing Rules — Passing 




Floating Plant Working in Navigable 




Channels — Passing Signals. 


§ 6633. 


Copy of Rules. 


§ 6634. 


Day Signals and Day 




Marks — Vessels over 65 Feet in 




Length Moored or at Anchor. 


§ 6635. 


Day Signals and Day 




Marks — Signals to Be Displayed by 




a Towing Vessel When Towing a 




Submerged or Partly Submerged 




Object upon a Hawser When No 




Signals Can Be Displayed upon the 




Object Which Is Towed. 


§ 6636. 


Day Signals and Day 




Marks — Power Driven Vessels, 




Derrick Boats, Lighters, or Other 




Types of Vessels Made Fast 




Alongside a Wreck, or Moored over 




a Wreck Which Is on the Bottom or 




Partly Submerged, or Which May 




Be Drifting. 


§ 6637. 


Day Signals and Day 




Marks — Dredges Held in Stationary 




Position by Moorings or Spuds. 


§ 6638. 


Day Signals and Day 




Marks — Self-Propelling Suction 




Dredges Underway and Engaged in 




Dredging Operations. 


§ 6639. 


Day Signals and Day 




Marks — Vessels Moored or 




Anchored and Engaged in Laying 




Cables or Pipe, Submarine 




Construction, Excavation, 




Matsinking, Bank Grading, Dike 




Construction, Revetment, or Other 




Bank Protection Operations. 


§ 6640. 


Day Signals and Day Marks — Day 




Marks for Fishing Vessels with Gear 




Out. 


§ 6641. 


Passing U.S. Coast Guard Vessel 




Handling or Servicing Aid to 




Navigation. 


§ 6642. 


Passing Floating Plant — Speed of 




Vessels Passing Floating Plant 




Working in Channels. 



Page ii 



(1-12-2007) 



Title 14 



Department of Boating and Waterways 



Table of Contents 



Page 



Page 



§ 6643. Passing Floating Plant — Light-Draft 

Vessels Passing Floating Plant. 

§ 6644. Passing Floating Plant — Aids to 

Navigation Marking Floating-Plant 
Moorings. 

§ 6645. Passing Floating Plant — Obstruction 

of Channel by Floating Plant. 

§ 6646. Passing Floating Plant — Clearing of 

Channels. 

§ 6647. Passing Floating Plant — Protection 

of Marks Placed for the Guidance of 
Floating Plant. 

§ 6648. Lights and Shapes — Application. 

§ 6648.1. Running Lights — Vessels — ^When 

Operating on "Inland Waters." 

§ 6648.2. Running Lights — Vessels — When 

Operating on "Inland 
Waters" — Visibility of Lights. 

§ 6648.3. Positioning and Technical Details of 

Lights and Shapes. 

§ 6648.4. Additional Signals for Fishing 

Vessels Fishing in Close Proximity. 

§ 6649. Running Lights — Vessels — When 

Operating on "Inland 
Waters" — Power-Driven Vessels 
Underway. 

§ 6649.1. Running Lights — Vessels — When 

Operating on "Inland 
Waters" — Towing and Pushing. 

§ 6649.2. Running Lights— Vessels— When 

Operating on "Inland 
Waters" — Sailing Vessels Underway 
and Vessels Under Oars. 

§ 6649.3. Running Lights — Vessels — When 

Operating on "Inland 
Waters" — Fishing Vessels. 

§ 6649.4. Running Lights — Vessels — When 

Operating on "Inland 
Waters" — Vessels Not Under 
Command or Restricted in Their 
Ability to Maneuver. 

§ 6649.5. Running Lights — Vessels — When 

Operating on "Inland Waters." 

§ 6649.6. Running Lights — Vessels — When 

Operating on "Inland 
Waters" — Anchored Vessels and 
Vessels Aground. 

§ 6649.7. Running Lights — Seaplanes — When 

Operating on "Inland Waters." 

§ 6649.8. Lights on Barges at Bank or Dock. 

§ 6650. Running Lights — Vessels — While 

Operating on the "High Seas." 

§ 6650.1. Positioning and Technical Details of 

Lights Required for Use on Vessels 
Operating on the "High Seas." 

§6651. Towing Astern — Running 

Lights — Power Driven Vessels Less 
Than 26 Feet in Length. 

§ 6652. Towing Astern — Running 

Lights — Power Driven Vessels 26 
Feet or Over in Length. 

§ 6653. Towing Alongside — Running 

Lights — Power Driven Vessels Less 
Than 26 Feet in Length. 

§ 6654. Towing Alongside — Running 

Lights — Power Driven Vessels 26 
Feet or Over in Length. 

§ 6655. Pushing Ahead — Running 

Lights — Power Driven Vessels Less 
Than 26 Feet in Length. 

§ 6656. Pushing Ahead — Running 

Lights — Power Driven Vessels 26 
Feet and Over in Length. 



§ 6657. 



§ 6658. 
§ 6659. 
§ 6660. 
§6661. 
§ 6662. 
§ 6663. 



§ 6664. 
§ 6665. 

§ 6666. 
§ 6667. 
§ 6668. 



§ 6669. 

§ 6670. 
§ 6671. 



§ 6672. 
§ 6673. 

§ 6674. 



§ 6675. 
§6675.1. 

§ 6676. 
§ 6677. 
§ 6678. 

§ 6679. 
§ 6680. 
§ 6681. 

§ 6682. 



§ 6683. 
§ 6684. 
§ 6685. 

§ 6686. 



Lights to Be Displayed by a Towing 

Vessel When Towing a Submerged 

or Partly Submerged Object upon a 

Hawser When No Signals Can Be 

Displayed upon the Object Which Is 

Towed — Power Driven Vessels. 

Sailing Vessel — Running 

Lights — Starboard Side. 

Sailing Vessel — Running 

Lights — Port Side. 

Sailing Vessel — Running 

Lights — Side Light Screen. 

Sailing Vessel — Running 

Lights — Stem. 

Small Vessel — Running 

Lights — Less Than 10 Gross Tons. 

Sailing Vessel — Running 

Lights — Motorboat Propelled by 

Sail Alone. 

Vessels Towed — Lights. 

Trawling, Dredging or 

Fishing — Lights. 

Rowing Boats — Running Lights. 

Ferryboats — Running Lights. 

Lights for Barges, Canal Boats, 

Scows, and Other Nondescript 

Vessels. 

Barges, Canal Boats, Scows, and 

Other Nondescript Vessels 

Temporarily Operating on Waters 

Requiring Different Lights. 

Visibility Requirement of Lights on 

Floating Plants. 

Power Driven Vessels, Derrick 

Boats, Lighters, or Other Types of 

Vessels Made Fast Alongside a 

Wreck, or Moored over a Wreck 

Which Is on the Bottom or Partly 

Submerged, or Which May Be 

Drifting — Lights. 

Dredges Held in Stationary Position 

by Moorings or Spuds — Lights. 

Self-Propelling Suction Dredges 

Underway and Engaged in Dredging 

Operations — Lights . 

Vessels Moored or Anchored and 

Engaged in Laying Cable or Pipe, 

Submajine Construction, 

Excavation, Matsinking, Bank 

Grading, Dike Construction, 

Revetment, or Other Bank 

Protection Operations — ^Lights. 

Lights on Dredge Pipelines. 

Pipelines Disengaged from 

Dredges — Lights. 

Floating Plant — Lights. 

Rafts and Other Craft — Lights. 

Vessels Other Than Raft or 

Rowboat — Lights. 

Raft— Lights. 

Lights of Vessel at Anchor. 

Anchor Lights — Vessel Under 1 50 

Feet in Length. 

Vessel Not More Than 65 Feet in 

Length — Special Anchorage 

Area — Lights. 

Lights for an Overtaken Vessel. 

Special Signals to Attract Attention. 

White Lights for Power Driven 

Vessels Carried on Centerline. 

Towing of Barges — Tows of 

Seagoing Barges Within Waters of 

California. 



Page iii 



(1-12-2007) 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



§ 6687. 

§ 6688. 

§ 6689. 

§ 6690. 
§ 6691 . 
§ 6692. 
§6692.1 

§ 6694. 
§ 6695. 

§ 6696. 

§ 6697. 



Article 5.1. 



§6698.1. 
§ 6698.2. 

§ 6698.3. 



Page 

Towing of Barges — Hawser 

Length — General. 

Towing of Barges — Hawser 

Length — Exceptions. 

Towing of Barges — Bunching of 

Tows. 

Look-Out. 

Distress Signals — Recognized. 

Visual Distress Signals — Required. 

Visual Distress Signals — Prohibited 

Use. 

Orders to Helmsman. 

Searchlights or Other Blinding 

Lights. 

Unnecessary Use of Sound 

Signaling Device. 

Prima-Facie Evidence of Negligent 

Operation. 

Closure of Waterways to 
Recreational Boating 490 

Definitions. 

Director's Authority for Restrictions 

or Closures. 

Removal of Restrictions or 

Closures. 



Page 



Article 6. 


Waterway Marking System 490.1 


§ 7000. 


Scope. 


§ 7001 . 


Definition (as used in this article). 


§ 7002. 


Waterway Markers Used on the 




Waters of This State Shall Be As 




Follows. 


§7002.1. 


Special Markers. 


§ 7003. 


Authority to Place Markers. 


§ 7004. 


Maintenance of Waterway Markers. 


§ 7005. 


Display of Waterway Markers. 


§ 7006. 


Specifications for Waterway 




Markers. 


§ 7007. 


Other Waterway Marking Devices. 


§ 7008. 


The Divers Flag. 


§ 7009. 


The Ski Hag. 


Article 7. 


For Hire Vessel Operator's 




License 492 


§ 7500. 


Definitions. 


§7501. 


Requirements for Examination. 


§7501.1. 


Time Periods for Processing 




For-Hire Vessel Operator's License. 


§ 7502. 


Grounds for Refusal to Issue 




License. 


§ 7503. 


Renewal of License. 


§ 7504. 


Provisions Affecting Use of 




License. 


§ 7505. 


Investigations. 


Article 8. 


Yacht and Ship Broker 




Licenses 494 


§ 7601 . 


General Definitions. 


§ 7602. 


Advertising. 


§ 7603. 


Investigafive Authority. 


§ 7604. 


Trust Accounts. 


§ 7605. 


Shared Lisfings. 


§ 7606. 


Fees. 


§7606.1. 


Time Periods for Processing Yacht 




and Ship Broker, Salesman, and 




Associated Licenses. 


§ 7607. 


Written Examination. 


§ 7608. 


Broker Qualifications. 


§ 7609. 


License Reinstatement. 


§7610. 


License Renewal (Failure to) 




Penalties. 


§7611. 


Temporary Salesman's License. 


§7612. 


Salesman's License, Transfer of, 



§7613. 


Corporation and Partnership 




Licenses. 


§ 7614. 


Broker's Bond or Deposit. 


§7615. 


Coercive and Oppressive Methods. 


§7616. 


Definite Place of Business. 


§7617. 


Branch Offices. 


§7618. 


Idenfification Card. 


§ 7619. 


Broker-Salesman Relationship 




Agreement. 


§ 7620. 


Retention of Records. 


§7621. 


Government Office. 


§ 7622. 


Property Taxes. 


§ 7623. 


Offers. 


Article 9. 


Small Boat Towing and 




Safety 


§ 7700. 


Definidons. 


§7701. 


Applications for Certificate of 




Registration of a Small Boat Towing 




Service. 


§ 7702. 


Requirements for Certificate of 




Registrafion. 


§ 7703. 


Partnership Certificate of 




Registration. 


§ 7704. 


Corporation Certificate of 




Registration. 


§ 7705. 


Authorized Operators. 


§ 7706. 


Grounds for Refusal to Issue 




Certificate of Registration. 


§ 7707. 


Suspension of Certificate of 




Registration. 


§7707.1. 


Refusal to Issue. 


§ 7708. 


Provisions Affecting Use of 




Certificate of Registration. 


§ 7709. 


Time Periods for Processing. 


§ 7710. 


Arbitration Fees. 


Article 10. 


Boating Safety Education 



497 



Regulations 498 

§ 8000. Criteria for Required Boating Safety 

Course. 

Article 1 1 . Selection Process for 
Private Architectural, 
Landscape Architectural, 
Engineering, Environmental, 
Land Surveying and 
Construction Project 
Management Firms 498 



§ 8100. 


Purpose. 


§ 8100.1. 


Definitions. 


§ 8100.2. 


Contract Types. 


§ 8100.3. 


Selection Criteria. 


§ 8100.4. 


Request for Qualifications. 


§ 8100.5. 


Annual Submission of 




Qualificafions. 


§ 8100.6. 


Selection of Qualified Firms. 


§ 8100.7. 


Negotiation. 


§ 8100.8. 


Estimated Value of Services. 


§ 8100.9. 


Amendments. 


§8100.10. 


Contracting in Phases, 


§8100.11. 


Department's Power to Require 




Bids. 


§8100.12. 


Unlawful Considerations. 


§ 8100.13. 


Prohibited Relafionships. 



Restrictions on Employment. 



Chapter 2. Regulations for Implementation 
of the California Environmental 
Quality Act of 1970 500 

Chapter 3. Conflict of Interest Code 500 

§ 8600. General Provisions. 

Appendix 500 



Page iv 



(1-12^2007) 



Title 14 



Department of Boating and Waterways 



§5101 



Division 4. Department of Boating and 
Waterways 



Chapter 1 . 



Department of Boating and 
Waterways 



Article 1. Planning Loan Regulations 

§ 5000. Short Title. 

This article shall be known and may be cited as the Boating and Water- 
ways Planning Loan Regulations under which the Department of Boating 
and Waterways may make planning loans to eligible applicants in accor- 
dance with the provisions of section 7 1 .4 of the Harbors and Navigation 
Code. 

NOTE: Authority cited: Sections 63.9(e) and 71 .4, Harbors and Navigation Code. 
Reference: Sections 71.4 and 85.2, Harbors and Navigation Code. 

History 

1 . Repealer of Article 1 (Sections 5000 through 5003) and new Article ] (Sections 
5000 through 5004) filed 5-1 1-71 ; effective thirtieth day thereafter (Register 
71, No. 20). For prior history, see Register 66, No. 43. 

2. Amendment filed 2-16-79 as procedural and organizational; effective upon fil- 
ing (Register 79, No. 7). 

3. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 

§ 5001 . Loan Conformity. 

Any loan made to a county, city, or district for the purpose of planning 
for the acquisition, construction, improvement, maintenance or opera- 
tion of small craft harbors shall be in conformity with this article. 
NOTE: Authority cited: Sections 63.9(e) and 71 .4, Harbors and Navigation Code. 
Reference: Sections 71.4 and 85.2, Haibors and Navigation Code. 

History 
1. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§ 5002. Application. 

No planning loan shall be made unless written application therefor is 
filed with the Department of Boating and Waterways. All such applica- 
tions shall contain a statement of facts certified as true by the governing 
body of the applicant showing that the loan in the amount requested, if 
made, will not be in violation of the California Constitution, Article XVI, 
Section 18, or of the Harbors and Navigation Code, Section 71.6. 

NOTE: Authority cited: Sections 63.9(e) and 71 .4, Harbors and Navigation Code. 
Reference: Sections 71.6 and 85.2, Harbors and Navigation Code. 

History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Amendment filed 2-16-79 as procedural and organizational; effective upon fil- 
ing (Register 79, No. 7). 

3. Editorial correction of NOTE filed lO-l 1-85 (Register 85, No. 41). 

§ 5003. Terms of Loan. 

Planning loans shall be for a period not to exceed ten years. 
NOTE: Authority cited: Secfions 63.9(e) and 71 .4, Harbors and Navigation Code. 
Reference: Sections 71.4 and 85.2, Harbors and Navigation Code. 

History 
1. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§ 5004. Approval. 

NOTE: Authority cited: Section 38, Harbors and Navigation Code. Reference: 
Section 71.6, Harbors and Navigation Code. 

History 

1 . Amendment filed 2-16-79 as procedural and organizational; effective upon fil- 
ing (Register 79, No. 7). 

2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 
1 1349.7; effecfive thirtieth day thereafter (Register 85, No. 26). 



Article 1.1. Public Small Craft Harbor Loan 
Regulations 

§5100. Short Title. 

This article shall be known and may be cited as the Boating and Water- 
ways Public Small Craft Harbor Loan Regulations under which the De- 
partment of Boating and Waterways may make construction loans to eli- 
gible applicants for small craft harbor facilities and connecting 
waterways in accordance with the provisions of section 71.4 of the Har- 
bors and Navigation Code. 

NOTE: Authority cited: Sections 63.9(e) and 71 .4, Harbors and Navigation Code. 
Reference: Sections 71.4 and 85.2, Hai'bors and Navigation Code. 

History 

1 . Repealer of Art. 1.1 (Sections 5100 through 51 19) and new Art. 1.1 (Secfions 
5100 through 5106) filed 5-1 1-71 ; effective thirtieth day thereafter (Register 
71, No. 20). For prior history, see Registers 69, No. 3 and 71, No. 13. 

2. Amendment filed 2-16-79 as procedural and organizational; effective upon fil- 
ing (Register 79, No. 7). 

3. Editorial correction of Note filed 10-1 1-85 (Register 85, No. 41). 

4. Amendment of article heading and secfion filed 7-2-2001; operafive 8-1-2001 
(Register2001,No. 27). 

§5101. Definitions. 

As used in this article: 

(a) "Applicant." A city, county, or district which requests or receives 
a loan and has the statutory authority to undertake the development of a 
small craft harbor, described in Section 71 .4 of the Harbors and Naviga- 
tion Code. 

(b) "Collateral." Property, both real and personal, whether tangible or 
not, pledged as security for repayment of a debt, including but not limited 
to any or all of the following: an interest in real property; a mortgage or 
security interest (deed of trust) in real estate, including buildings or prop- 
erty of the applicant, a deed of trust or lease and leaseback of the project 
area; an irrevocable letter of credit in an amount equal to the principal and 
estimated accrued interest; a collateral assignment of rents and leases 
equal to not less than 125 percent of applicant's total annual debt service 
to the department; a security agreement; a Uniform Commercial Code fi- 
nancing statement (UCC-1). 

(c) "Commission." The Boating and Waterways Commission. 

(d) "Contract." A contract to implement the disbursement of loan 
funds. 

(e) "Default": 

(1) The failure of an applicant to make any payment required by the 
contract within 30 days of the due date of the payment, 

(2) the failure of an applicant to comply with any other requirement of 
the contract. Such defaults, for failure to comply with terms of contract 
other than payments, may be cured by complying with the requirement 
within 1 80 days after receipt of written notice from the department speci- 
fying such failure, 

(3) the provision of false representations or false warranties by the ap- 
plicant in response to any obligations under the contract, 

(4) the failure of an applicant to conduct appropriate proceedings in 
good faith to contest any levy or proceeding against the collateral or ap- 
plicant's interest therein; or 

(5) the filing of a petition by an applicant under the provisions of the 
Bankruptcy Code, or the failure of an applicant to conduct appropriate 
proceedings in good faith to contest a bankruptcy filing by a third party 
when such action affects the collateral. 

(f) "Department." The Department of Boating and Waterways. 

(g) "Loan." A loan for the purpose of acquisition, construction, and/or 
improvement, maintenance or operation of small craft harbors, related 
facilities, or connecting waterways, pursuant to Harbors and Navigation 
Code Section 71.4. 

(h) "Project." Any construction, improvement, acquisition, mainte- 
nance or operation of small craft harbors, related facilities, or connecting 
waterways. 



Page 471 



Register 2006, No. 46; 11-17-2006 



§5102 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



(i) "Project Area." A delineated area in which the project is to be lo- 
cated. 

(i) "Project Costs." Those contract, equipment, labor, material and 
construction costs which are incurred by the applicant tor the purpose of 
completing the project; however, such project costs shall not include in- 
direct or overhead charges incurred by the applicant for its own person- 
nel. 

(k) "Reserve Fund." A separate and independent fund for the exclusive 
purpose of providing extraordinary, non-routine maintenance, repair or 
replacement during the loan period. 

(/) "Surplus Revenues." Revenues received by an applicant from any 
source within a project area less the applicant's expenses for (1) loan re- 
payment, and (2) operation and maintenance (including the Reserve 
Fund) of the project; tax revenues may be considered as a revenue source. 

(m) "Unpaid Balance." Total outstanding debt, including principal, in- 
terest and penalties, if applicable. 

(n) "Vessel Pumpout Facilities." Vessel sewage pumpout facilities. 
NOTE: Authority cited: Sections 63.9(e) and 71 .4, Harbors and Navigation Code. 
Reference: Sections 7 1 .4, 85.2 and 87, Harbors and Navigation Code. 

History 

1. New subsection (g) filed 1-20-78; effective thirtieth day thereafter (Register 
78, No. 3). 

2. Amendment filed 2- 16-79 as procedural and organizational; effective upon fil- 
ing (Register 79, No. 7). 

3. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41), 

4. Amendment filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27). 

5. Editorial correction of subsection (a) (Register 2002, No. 7). 

6. New subsecnon (n) and amendment of Note filed 11-14-2006; operative 
12-14-2006 (Register 2006, No. 46). 

§5102. Application. 

(a) Preliminary Coordination: Loans will be processed in accordance 
with departmental guidelines and criteria. The applicant may seek de- 
partmental assistance in formulating the project. 

(b) Preliminary Study: The applicant's formal request for a loan will 
not be submitted until the department's reconnaissance survey of the pro- 
posed project area has determined the initial acceptability of the project 
and the applicant has been so notified. 

(c) Formal Application: Upon receipt of a favorable preliminary report 
from the department, the applicant may make a formal loan application 
which shall include: 

(1) Feasibility Study: A report containing sufficient information and 
detail to demonstrate that the project is both engineeringly and financial- 
ly feasible. The report shall include, but not be limited to: 

(A) A project plan and map which establishes the project area and loca- 
tion. 

(B) Preliminary project layout and designs of project features in suffi- 
cient detail to develop accurate cost estimates. 

(C) A plan for operational and fiscal management of the project 
throughout the loan period. 

(D) The proposed method and means of retiring the loan, meeting oth- 
er financial obligations of the project, and. if the project is to be undertak- 
en with funds in addition to the loan applied for, a funding plan indicating 
the sources of such additional construction funds. 

(E) A report on the effect the project would have on the environment. 
The department will provide the applicant with a copy of the latest law 
on this subject. 

(F) A plan to capitalize a reserve fund in an amount specified by the 
department. 

(G) Collateral acceptable to the department. 

(2) A designation of a representative authorized to act for the applicant 
to sign any necessary papers or to otherwise act as the representative of 
the applicant. 

NotE: Authority cited: Sections 63.9(e) and 71 .4, Harbors and Navigation Code. 
Reference: Sections 71.4 and 85.2, Harbors and Navigation Code. 

History 
1. Editorial correction of Note filed 10-11-85 (Register 85, No. 41). 



2. Amendment of subsections (b), (c), (c)(1), (c)(1)(B) and (c)(l )(D)-(E) and new 
subsections (c)(l)(F)-(G) filed 7-2-2001 ; operative 8-1-2001 (Register 2001, 

No. 27). 

§ 5103. Feasibility Review. 

The applicant's fonnal application will be judged as to the following 
considerations: 

(a) Engineering feasibility, including a determination as to whether or 
not the project can be developed within the total amount of funds to be 
made available. 

(b) Financial feasibility, including an analysis of the availability of 
capital to finance constaiction to completion, users' willingness and abil- 
ity to pay anticipated berthing and other charges used in estimating reve- 
nues, and evaluation of the sufficiency of revenues to cover annual cost 
on a year-by-year basis, including maintenance of a reserve fund and the 
amortization of the applied for loan. 

NOTE: Authority cited: Secfions 63.9(e) and 71 .4, Harbors and Navigation Code. 
Reference: Sections 71.4 and 85.2, Harbors and Navigation Code. 

History 

1. Editorial correction of Note filed 10-1 1-85 (Register 85, No. 41). 

2. Amendment filed 7-2-2001; operafive 8-1-2001 (Register 2001, No. 27). 

§5104. Priority. 

When considering applications, the department shall, in addition to 
priorities set forth in the Harbors and Navigation Code, rank applications 
based upon the following: 

(a) First priority shall be given to projects based upon issues of the 
health and safety of boaters using the facilities. 

(b) Next, priority shall be given to projects currently receiving phased 
funding from the department. 

(c) Next, priority shall be given based upon availability of matching 
funds. 

(d) Next, priority shall be given based upon relative demand for facili- 
ties in the same market area, as determined by the department. Consider- 
ation shall be given to: 

( 1 ) Population size of the market area. 

(2) Similar facilities in the market area. 

(3) Boating activity in the market area. 

(e) Next, priority shall be given to small craft harbor improvement 
projects that include restroom facilities, vessel pumpout facilities, oil re- 
cycling facilities, and receptacles for the purpose of separating, reusing, 
or recycling all solid waste materials. The standard to be followed by the 
department in ranking loan applications under this subdivision is the cu- 
mulative level of service provided by the small craft harbor for the afore- 
mentioned facilities. 

(f) In the event that a priority between applications cannot be estab- 
lished by Subsections (a) through (e), priority shall be given to applicants 
with greatest ability to repay the loan. 

(1) Evaluation of the applicant's ability to repay shall be based on the 
applicant's audited financial statements for the previous three years, if 
available. 

(2) If financial statements are not available, the applicant will provide 
other information acceptable to the department which establishes a finan- 
cial abihty to repay the loan. 

Note; Authority cited: Sections 63.9(e) and 71 .4, Harbors and Navigafion Code. 
Reference: Sections 71.4, 85.2 and 87, Harbors and Navigation Code. 

History 

1 . New section filed 7-2-2001 ; operative 8-1-2001 (Register 2001 , No. 27). For 
prior history see Register 85, No. 26. 

2. New subsection (e), subsection relettering and amendment of newly designated 
subsection (f) filed 11-14-2006; operative 12-14-2006 (Register 2006, No. 
46). 

§ 5105. Loan Terms and Conditions. 

The agreement between the department and the applicant shall include 
but not be limited to the following provisions: 

(a) A provision to the effect that the loan will be used for the purpose 
of developing the project in a continuous and expeditious manner to com- 
pletion and that the project when completed will be made available and 
open to all on equal and reasonable terms. 



Page 472 



Register 2006, No. 46; 11-17-2006 



Title 14 



Department of Boating and Waterways 



§5151 



(b) A provision specifying that no loan funds for constaiction pur- 
poses shall be released to an applicant until final plans and specifications 
for the project (or a particular portion thereof to be constructed with such 
funds) are approved in writing by the department. 

(c) A provision requiring applicant to comply with department ap- 
proved construction plans and specifications and change orders thereto. 

(d) A repayment plan setting forth the provisions for repayment of 
principal and interest until the loan is repaid in full. 

(e) A provision permitting inspection of the project by the department 
or its agents at any time during construction or after completion, and per- 
mitting the inspection and audit of all records of the applicant relating to 
the project until the loan is paid in full. 

(f) A provision that the applicant will provide fire and extended cover- 
age insurance to ninety percent of the value of insurable structures within 
the project area with the department named as additional insured. 

(g) A provision that the applicant will provide insurance, with the de- 
partment named as additional insured, to cover liability arising from de- 
sign, planning, construction, maintenance or operation of the project in 
the following minimum amounts: 

(1) Bodily injury $300,000 each person $1,000,000 each occurrence 

(2) Property and product damage $500,000 each occurrence 
$1,000,000 each aggregate 

(h) A provision allowing applicant to provide self-insurance in the 
amounts prescribed in subsection (g), above. 

(i) A provision that during the loan repayment period applicant shall 
not sell, lease, transfer, exchange, mortgage or hypothecate in any man- 
ner all or any portion of the real property or improvements within the 
project area without prior written approval of the department. 

(j) A provision requiring applicant to establish and capitalize a reserve 
fund in an amount and under terms and conditions specified by the de- 
partment. 

(1) The reserve fund shall be an interest-bearing account. 

(2) In order to withdraw funds from the reserve fund, the signature of 
the director, or his or her designee shall be required. 

(3) All funds remaining in the reserve fund account shall be returned 
to the borrower upon full performance of the loan contract. However, un- 
less and until all reserve funds, including accumulated interest, are first 
committed to improvements at the marina, the borrower may not apply 
for additional department funding for any project within the marina for 
a period of five years beginning on the last date any reserve funds are re- 
turned to the borrower. 

(k) A statement that surplus revenues shall be administered as follows: 

(1) The applicant shall retain and invest in reasonable liquid assets all 
surplus revenues; 

(2) Except for the purpose of making capital improvements and at the 
discretion of the department, no expenditure of surplus revenues other 
than for the advance repayment of the loan will be permitted until the loan 
is paid in full; 

(3) The applicant shall record all surplus revenues in a separate ac- 
count and such account shall reflect all receipts by the applicant of reve- 
nues originating within the project area. 

(/) A provision that the department, the Department of General Ser- 
vices, the Bureau of State Audits, or their designated representative shall 
have the right to review and copy any records for possible audit for a 
minimum of three years after final payment, unless a longer period of re- 
cords retention is stipulated. 

(m) A provision that the borrower agrees to allow the auditor(s) access 
to such records during normal business hours and to allow interviews of 
any employees who might reasonably have information related to such 
records. 

NOTE; Authority cited: Sections 63.9(e) and 71.4, Harbors and Navigation Code. 
Reference: Sections 71.4 and 85.2, Harbors and Navigation Code; and General 
Services, Standard Agreement Language, as found in GTC 699 (as amended 6/99). 

History 

1. Amendment filed 1-20-78; effective thirtieth day thereafter (Register 78, No. 
3). 

2. Editorial correction of Note filed 10-11-85 (Register 85, No. 41). 



3. Amendment of section heading, section and Note filed 7-2-2001; operative 
8-1-2001 (Register 2001, No. 27). 

§ 5106. Project Development. 

(a) All plans and specifications shall be prepared by persons licensed 
by the State of California to undertake the type of design work required 
by the project. All design plans, specifications and reports shall be signed 
by the licensee. The designer's license number shall appear on the docu- 
ments. Plans and specifications for work to be accomplished by force ac- 
count shall be in final form to permit immediate undertaking of the proj- 
ect. 

(b) Property Control. Land and water area to be acquired with the loan 
funds shall be acquired promptly after execution of the loan agreement. 
No loan funds for strictly construction purposes shall be released until all 
land and water areas necessary for the construction of the project have 
been acquired as evidenced by a title insurance policy or other evidence 
satisfactory to the department. If the loan is based upon a leasehold estate, 
applicant's leasehold estate (including renewal options) as specified by 
contract and with finite time periods, must extend at least to the end of 
the loan period. 

NOTE: Authority cited: Sections 63.9(e) and 71 .4, Harbors and Navigation Code. 
Reference: Sections 71.4 and 85.2, Harbors and Navigation Code. 

History 

1. Editorial correction of Note filed 10-11-85 (Register 85, No. 41). 

2. Amendment filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27). 

§5107. Default Remedies. 

Upon the occurrence of a default, the department: 

(a) May exercise all rights and remedies accorded to the department 
by law, including, but not hmited to, those rights established in the Har- 
bors and Navigation Code; 

(b) May declare all unperformed obligations, in whole or in part, of the 
applicant immediately due and payable without demand or notice. 

(c) May deposit funds obtained from the sale of collateral, less reason- 
able cost of recovery or maintenance of property, in the Harbors and Wa- 
tercraft Revolving Fund. Any remaining funds shall be provided to the 
borrower, in accordance with California law. 

NOTE: Authority cited: Sections 63.9(e) and 71 .4, Harbors and Navigation Code. 
Reference: Sections 71.4 and 85.2, Harbors and Navigation Code. 

History 
1. New section filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27). 



Article 1.2. 



Launching Facility Grant 
Regulations 



§5150. Short Title. 

This article shall be known and may be cited as the Boating and Water- 
ways Launching Facility Grant Regulations under which the Department 
of Boating and Waterways may make grants to eligible applicants in ac- 
cordance with the provisions of Section 72.5 of the Harbors and Naviga- 
tion Code. 

NOTE: Authority cited: Sections 63.9(e) and 72.5, Harbors and Navigation Code. 
Reference: Secfions 72.5 and 85.2, Harbors and Navigation Code. 

History 

1. Repealer of Article 1.2 (Section 5200) and new Article 1.2 (Sections 5150 
through 51 54) filed 5-11-71; effecfive thirtieth day thereafter (Register 71, No. 
20). For history of former Article 1.2 (now Article 2), see Register 69, No. 3. 

2. Amendment filed 2-16-79 as procedural and organizational; effective upon fil- 
ing (Register 79, No. 7), 

3. Editorial correcfion of NOTE filed 10-1 1-85 (Register 85, No. 41).$ $T 

§ 51 51 . Grant Conformity. 

Any grant made to a county, city, or district for the purpose of con- 
struction and development of small craft launching facilities shall be in 
conformity with this article. 

Note: Authority cited: Sections 63.9(e) and 72.5, Harbors and Navigation Code. 
Reference: Sections 72.5 and 85.2, Harbors and Navigation Code. 

History 
1. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 



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Title 14 



§5152. Application. 

Applications for launching facility grants shall be in accordance with 
procedures established by the department, and shall include a feasibility 
report, prepared at applicant's expense, containing demonstrations of 
site suitability, engineering and financial feasibihty, and economic justi- 
fication. 

NOTE: Authority cited: Sections 63.9(e) and 72.5, Harbors and Navigation Code. 
Reference: Sections 72.6 and 85.2. Harbors and Navigation Code. 

History 

1. Editorial coirection of NOTE filed lO-l 1-85 (Register 85. No. 41). 

§ 5153. Approval of Grant. 

NOTE; Authority cited: Section 38, Harbors and Navigation Code. Reference: 
Sections 72.6 and 82. Hai^bors and Navigation Code. 

History 

1 . Amendment filed 2-16-79 as procedural and organizational; effective upon fil- 
ing (Register 79, No. 7). 

2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26). 

§ 5154. Construction and Operation Agreement. 

A construction and operation agreement between the applicant and the 
department will be entered into after funds are appropriated, specifying 
that applicant will carry insurance as required by the department and that 
the completed facility will be operated and maintained for a period of 20 
years at no cost to the department. If the applicant fails to construct, main- 
tain or operate the facility in accrdance with the terms of the agreement, 
he may be required, at the option of the department, to reimburse the de- 
partment for the State's share of the costs of development on a prorated 
unexpired term basis. 

Note: Authority cited: Sections 63.9(e) and 72.5, Harbors and Navigation Code. 
Reference: Sections 72.5 and 85.2, Harbors and Navigation Code. 

History 

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 



Article 1.3. 



Floating Rest Room Grant 
Regulations 



§5160. Short Title. 

This article shall be known and may be cited as the Boating and Water- 
ways Floating Rest Room Grant Regulations under which the Depart- 
ment of Boating and Waterways may make grants to eligible applicants 
in accordance with the provisions of Section 72.7 of the Harbors and 
Navigation Code. 

NOTE: Authority cited: Sections 63.9(e) and 72.7, Harbors and Navigation Code. 
Reference: Sections 72.7 and 85.2, Harbors and Navigation Code. 

History 

1. New Article 1.3 (Sections 5160-5163) filed 1-18-77; effective thirtieth day 
thereafter (Register 77, No. 4). 

2. Amendment filed 2-1 6-79 as procedural and organizational; effective upon fil- 
ing (Register 79, No. 7). 

3. Editorial correcfion of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§ 51 61 . Grant Conformity. 

Any grant made to a county, city, district, or other public agency for 
the purpose of construction and development of floating rest room facih- 
ties shall be in conformity with this article. 

NOTE: Authority cited: Sections 63.9(e) and 72.7, Harbors and Navigation Code. 
Reference: Sections 72.7 and 85.2, Harbors and Navigation Code. 

History 
1. Editorial cortection of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§5162. Application. 

Applications for floating rest room grants shall include: 

(a) A demonstration that the body of water on which the rest room 
would be located is affected by significant seasonal fluctuation in water 
surface elevation and/or a lack of conveniently located and accessible 
landside sanitary facilities; and 

(b) A finding that due to either or both of the aforesaid conditions, con- 
ventional rest rooms cannot meet the needs of boaters and the presence 



of floating rest rooms may lessen environmental degradation of the body 
of water. 

NOTE: Authority cited: Sections 63.9(e) and 72.7, Harbors and Navigation Code, 
Reference: Secfions 72.7 and 85.2, Harbors and Navigadon Code. 

History 

1 . Editorial cortection of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§ 5163. Construction and Operation Agreement. 

A construction and operation agreement between the applicant and the 
Department will be entered into after funds are appropriated, specifying 
that applicant will carry insurance as required by the Department, and 
that the completed rest room will be operated and maintained for a period 
of ten years at no cost to the Department. If the applicant fails to con- 
struct, maintain or operate the rest room in accordance with the terms of 
the agreement, the applicant may be required, at the option of the Depart- 
ment, to reiinburse the Department for the State's share of the costs of 
development on a prorated unexpired term basis. 

NOTE: Authority cited: Sections 63.9(e) and 72.7, Harbors and Navigation Code. 
Reference: Sections 72.7 and 85.2, Harbors and Navigation Code. 

History 

1 . Editorial cortection of NOTE filed 10-1 1-85 (Register 85, No. 41). 

Article 1.4. Recreational Marina Loan 
Regulations 

§5170. Short Title. 

This article shall be known and may be cited as the Boating and Water- 
ways Recreational Marina Loan Regulations under which the Depart- 
ment of Boating and Waterways may make loans to private marina own- 
ers in accordance with the provisions of section 76.3 of the Harbors and 
Navigation Code. 

NOTE: Authority cited: Sections 63.9(e) and 76.8, Harbors and Navigation Code. 
Reference: Sections 76.3 and 85.2, Harbors and Navigation Code. 

History 

1. New article 1.4 (sections 5170-5176) and section filed 7-2-2001; operative 
8-1-2001 (Register 2001, No. 27). For prior history of article 1.4 (sections 
5170-5178), see Register 86, No. 35. 

§5171. Definitions. 

For the purposes of this article, the definitions found in Harbors and 
Navigation Code Sections 30 through 40 and 76 through 76.8 shall apply 
unless otherwise indicated. The following supplementary definitions 
shall also govern the construction of this article: 

(a) "Collateral." Property, both real and personal, whether tangible or 
intangible, pledged as security for repayment of a debt, including but not 
limited to: a mortgage or security interest in real estate, buildings, equip- 
ment accounts, contract rights and chattel paper of the borrower or any 
third party legally bound as a surety with the knowledge that the surety 
is bound. 

(b) "Commission." The Boating and Waterways Commission. 

(c) "Contract." The Recreational Marina Loan agreement to imple- 
ment the disbursement of loan funds. 

(d) "Default": 

(1) the failure of a borrower to make any payment required by the con- 
tract within 30 days of the due date of the payment, 

(2) the failure of a borrower to comply with any other requirement of 
the contract. Such default may be cured by complying with the require- 
ment within 30 days after receipt of written notice from the department 
specifying such failure, 

(3) the provision of false representations or false warranties by the bor- 
rower in response to any obligations under the contract, 

(4) the failure of a borrower to conduct appropriate proceedings in 
good faith to contest any levy or proceeding against the collateral or bor- 
rower's interest therein; or 

(5) the filing of a petition by a borrower under the provisions of the 
Bankruptcy Code, or the failure of a borrower to conduct appropriate pro- 
ceedings in good faith to contest a bankruptcy filing by a third party when 
such action affects the collateral. 

(e) "Department." The Department of Boating and Waterways. 



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Department of Boating and Waterways 



§5175 



(f) "Loan" A loan made pursuant to Section 76.3 of the Harbors and 
Navigation Code. 

(g) "Project." The development of boating facilities specified in the 
contract. 

(h) "Project Area." A delineated area in which the project is to be lo- 
cated. 

(i) "Project Costs." Those equipment, labor, material and construction 
costs that are incurred by the borrower for the purpose of completing the 
project; however, such project costs shall not include indirect or over- 
head charges incurred by the borrower for its own personnel and shall not 
include any expenses incurred prior to the effective date of the contract. 

(j) "Reserve Fund." A separate and independent fund for the exclusive 
purpose of providing extraordinary, non-routine, maintenance, repairer 
replacement during the loan period. 

(k) "Unpaid Balance." Total outstanding debt, including principal, in- 
terest and penalties, if applicable. 

NOTE: Authority cited: Sections 63.9(e) and 76.8, Harbors and Navigation Code. 
Reference: Sections 76.3 and 85.2, Harbors and Navigation Code. 

History 
1. New section filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27). 

§5172. Application. 

(a) Loan Application: An application for any loan under Section 76.3 
of the Harbors and Navigation Code shall be filed with the department 
and shall include a copy of: 

(1 ) Federal income tax returns for the business and/or owners and part- 
ners, as requested by the department, for the three years immediately pre- 
ceding an application for a loan. Federal income tax returns shall not be 
released by the department, except with permission of an applicant or 
borrower, unless ordered, as specified by court order. 

(2) All land and water use permits required such as by federal, state and 
local planning agencies needed to develop the project. 

(3) An "as is" or current appraisal of any assets to be used as loan 
collateral required by the department. 

(4) Preliminary construction plans, including a site plan and any nor- 
mally required engineering. 

(5) Preliminary title report for any property used as loan collateral. 

(6) A feasibility study containing sufficient information and detail to 
demonstrate that the project is engineeringly and financially feasible. 

(7) Evidence of compliance with the CaUfomia Environmental Quali- 
ty Act [Division 13 (commencing with Section 21000) of the Public Re- 
sources Code]. 

(8) A list of all costs incurred by the borrower in processing and obtain- 
ing loan proceeds. 

(9) The proposed method and means of retiring the loan, meeting other 
financial obligations of the project, and, if the project is to be undertaken 
with funds in addition to the construction loan applied for, a funding plan 
indicating the sources of such additional construction funds. 

NoTE: Authority cited: Sections 63.9(e) and 76.8, Harbors and Navigation Code. 
Reference: Sections 76.3, 76.4 and 85.2, Harbors and Navigation Code. 

History 
1. New section filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27). 

§ 5173. Application Review. 

(a) The borrower's formal application will be judged as to the follow- 
ing principal considerations: 

(1) Engineering feasibility, including a determination as to whether or 
not the project can be developed within the total amount of funds to be 
made available. 

(2) Financial feasibility, including an analysis of the availability of 
capital to finance construction to completion, market analysis or market 
survey to determine the financial feasibility of the project, anticipated 
berthing and other charges used in estimating revenues, and evaluation 
of the sufficiency of revenues to cover annual costs on a year-by-year 
basis, including the amortization of the applied-for loan. 

(b) Upon request of the applicant, the department may issue a letter of 
intent, explaining the availability of State funds, the status of the loan ap- 
plication and other requirements necessary for the approval of the loan. 



NOTE: Authority cited: Sections 63.9(e) and 76.8, Harbors and Navigation Code. 
Reference: Sections 76.3, 76.4, 76.5 and 85.2, Harbors and Navigation Code. 

History 

1. New section filed 7-2-2001 ; operative 8-1-2001 (Register 2001, No. 27). 

§5174. Priority. 

When considering applications, the department shall, in addition to 
priorities set forward in Sections 76 through 77. 1 of the Harbors and Nav- 
igation Code, rank borrowers based upon the following; however, in no 
case shall the department make a loan to any recreational marina that re- 
stricts access or bars the pubhc other than in ways that are lawful and con- 
sistent with general commercial business practices: 

(a) First priority shall be given to projects based upon issues of the 
health and safety of boaters using the facilities. 

(b) Next, priority will be given for completion of projects that are be- 
ing phase-funded. 

(c) Next, priority shall be given to projects that are receiving signifi- 
cant capital investment funds from borrowers in addition to loan funds. 

(d) Next, priority shall be given based upon relative demand for facili- 
ties in the market area. Consideration shall be given to: 

(1) Population size of the market area. 

(2) Similar facilities in the market area. 

(3) Boating activity in the market area. 

(e) In the event that a priority between applications cannot be estab- 
hshed by subsections (a) through (c), priority will be given to borrowers 
with the greatest ability to repay the loan. Evaluation of the borrower's 
ability to repay shall be based on: 

(1) The department's relative security position. 

(2) The loan-to-value (LTV) ratio. 

(3) The borrower's audited financial statements for the three years im- 
mediately preceding the application, if available. 

i. Each of these statements shall consist of a balance sheet, an income 
statement, and a statement of changes in financial position, all of which 
shall have been prepared according to generally accepted accounting 
principles. 

ii. If the latest complete financial statement is more than six months 
old, an interim financial statement not older than sixty days shall be in- 
cluded. 

(4) Other information acceptable to the department, if financial state- 
ments are not available, which establishes a financial ability to repay the 
loan, such as: 

i. Federal income tax returns, filed with the application, and 
ii. Credit reports from credit reporting agencies. 

(5) An appraisal report showing the current market value of real and 
personal property which is suitable as collateral. 

(6) The type and liquidity of the collateral. 

(f) In the event that a priority between applications cannot be estab- 
lished by subsections (a) through (d), priority will be given to those ap- 
plications with the smallest dollar value, in order to allow the maximum 
number of projects to be made within the limits of the Recreational Mari- 
na Loan Program. 

Note: Authority cited: Sections 63.9(e) and 76.8, Harbors and Navigation Code. 
Reference: Sections 76.3, 76.4, 76.5 and 85.2, Harbors and Navigation Code. 

History 
]. New section filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27). 

§ 51 75. Loan Terms and Conditions. 

Loan Terms and conditions, in addition to those specified in Sections 
76 through 77.1 of the Harbors and Navigation Code, shall also include 
the following provisions: 

(a) The borrower shall establish and capitalize a reserve fund in an 
amount and under terms and conditions specified by the department. 

(1) The reserve fund shall be an interest-bearing account. 

(2) In order to withdraw funds from the reserve fund, the signature of 
the director, or his or her designee, shall be required. 

(3) All funds remaining in the reserve fund account shall be returned 
to the borrower upon full performance of the loan contract. However, un- 
less and until all reserve funds, including accumulated interest, are first 



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§5176 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



committed to improvements at the marina, the borrower may not apply 
for additional department funding for any project within the marina for 
a period of five years beginning on the last date any reserve funds are re- 
turned to the borrower. 

(b) The loan shall be secured by collateral equal to or greater than 1 10 
percent of the loan amount, such as, but not limited to, a mortgage or se- 
curity interest in real estate, and buildings or personal property of the bor- 
rower. These items may only be subject to encumbrances that the depart- 
ment may approve, such as, assignment or pledges of leases, and personal 
or corporate guarantees. Only the unencumbered equity portion of the 
property accepted as collateral shall be considered as collateral. Personal 
guarantees of the principals shall be required, unless reasons satisfactory 
to the department are presented that justify not requiring such guarantees. 
The value of the collateral shall be subject to reappraisal as requested by 
the department from time to time at its discretion, and if, as a result of 
such reappraisal, it is determined that the value of the collateral has 
dropped below 110 percent of the then-outstanding loan amount, the 
borrower shall provide additional collateral as security as required by the 
department. 

(c) Real estate or stationary machinery or equipment pledged as a sig- 
nificant portion of collateral for repayment of a guaranteed loan shall be 
located within the State of California. Real estate pledged as collateral 
shall not include land that has been used as a sohd waste disposal site. 
Any appraisal of property shall be conducted by a licensed appraiser ac- 
ceptable to the borrower and the department. 

(d) The borrower shall obtain and maintain, throughout the duration 
of the loan, fire and extended coverage insurance in an amount equal to 
100 percent of the current replacement cost of all improvements which 
are part of the collateral, with the department named as additional in- 
sured. 

(e) The borrower will obtain insurance to cover liability arising from 
design, planning, construction, maintenance or operation of the project, 
with the department named as additional insured, in the following mini: 
mum amounts: 

(1) Bodily injury $300,000 each person, $1,000,000 each occurrence. 

(2) Property and product damage $500,000 each occurrence, 
$1,000,000 each aggregate. 

(f) The loan shall become due and payable in full upon transfer of the 
marina, unless such transfer is: 

(1) By reason of death of the borrower, and the marina is transferred 
to the borrower's heirs. 

(2) Transfer is to another business entity controlled by the borrower, 
provided that the transaction does not result in a material change in con- 
trol or ownership of the recreational marina and collateral associated 
with the loan. 

(g) The loan shall not be subordinated to any future loans obtained by 
a private marina owner except in those cases involving loans acquired for 
refinancing previous senior loans. 

(h) A provision that the department, the Department of General Ser- 
vices, the Bureau of State Audits, or their designated representative shall 
have the right to review and copy any records for possible audit for a 
minimum of three years after final payment, unless a longer period of re- 
cords retention is stipulated. 

(i) A provision that the borrower agrees to allow the auditor(s) access 
to such records during normal business hours and to allow interviews of 
any employees who might reasonably have information related to such 
records. 

NOTE: Authority cited: Sections 63.9(e) and 76.8, Harbors and Navigation Code. 
Reference: Sections 76.3, 76.6 and 85.2, Harbors and Navigation Code; and De- 
partment of General Services (DCS), Standard Agreement Language, as found in 
GTC 699 (and as may be subsequently amended by DCS). 

History 

1. New section filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27). 



§ 5176. Default Remedies. 

Upon the occurrence of a default, the department: 



(a) Has and may exercise all rights and remedies accorded to the de- 
partment by law, including but not limited to the provisions and remedies 
contained in the CaHfornia Uniform Commercial Code; 

(b) May declare all unperformed obligations, in whole or in part, of 
borrower immediately due and payable without demand or notice; 

(c) May require borrower to take any and all action necessary to trans- 
fer the collateral in an amount equal to the unpaid balance of the loan to 
the secured party; 

(d) May deposit all funds obtained from the sale of collateral, less rea- 
sonable costs of recovery or maintenance of property, to the Harbors and 
Watercraft Revolving Fund. 

Note-. Authority cited: Sections 63.9(e) and 76.8, Harbors and Navigation Code. 
Reference: Sections 76.3, 77.1 and 8.'5.2, Harbors and Navigation Code. 

History 
1. New section filed 7-2-2001; operative 8-1-2001 (Register 2001, No. 27). 



Article 2. Vessel Waste Disposal 

§ 5200. Shoreside Facilities for Removing Waste from 
Vessel Holding Tank. 

NOTE: Authority cited: Sections 38, 63.9 and 669, Harbors and Naigation Code. 
Reference: Section 654.1, Harbors and Navigation Code. 

History 

1. Repealer of Article 2 ( §§ 5500 through 551 1) and new Article 2 ( § 5200) filed 
5-1 1-71 ; effective thirtieth day thereafter (Register 71, No. 20). For history of 
former Article 2, see Registers 62, No. 22; 66, No. 43; 69, No. 3. 

2. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

3. Amendment filed 2-16-79 as procedural and organizational; effective upon fil- 
ing (Register 79, No. 7). 

4. Amendment of subsection (a) filed 9-13-80; effecfive thirtieth day thereafter 
(Register 80, No. 20). 

5. Order of Repeal of Article 2 (Section 5200) filed 6-3-85 by OAL pursuant to 
Government Code Section 1 1349.7; effective thirtieth day thereafter (Register 
85, No. 26). 



Article 3. 



Boating Accident and Casualty 
Reporting 



§ 6500. Purpose. 

History 

1. Amendment filed 5-1 1-71 ; effective thirtieth day thereafter (Register 71, No. 
20). For prior history, see Register 66, No. 43. 

2. Repealer and new section filed 10-3-73 as an emergency; effective upon filing 
(Register 73, No. 40). 

3. Certificate of Compliance filed 1 1-30-73 (Register 73, No. 48). 

4. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26). 

§6501. Applicability. 

(a) This article applies to each vessel used on waters subject to the ju- 
risdiction of the State of California and on the high seas for vessels whose 
last port of call was within the State of California that: 

(1) Is used by its operator for recreational purposes; or 

(2) Is required to be numbered under Section 9850 of the California 
Vehicle Code. 

(b) This article does not apply to a vessel required to have a certificate 
of inspection under Chapter 1 of Title 46, Code of Federal Regulations. 

NOTE: Authority cited; Section 656, Harbors and Navigation Code. Reference: 
Section 656, Harbors and Navigation Code. 

History 

1 . New section filed 10-3-73 as an emergency; effective upon filing (Register 73, 
No. 40). 

2. Certificate of Compliance filed 11-30-73 (Register 73, No. 48). 

3. Editorial con-ection of NOTE filed 10-11-85 (Register 85, No. 41). 

§ 6502. Immediate Notification of Death or Disappearance. 

(a) When, as a result of an occurrence that involves a vessel or its 
equipment, a person dies or disappears from a vessel, the operator shall, 
without delay, by the quickest means available, notify the Department of 



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Title 14 



Department of Boating and Waterways 



§6505 



Boating and Waterways and the nearest enforcement agency having ju- 
risdiction over the waterbody of: 

(1) The date, time, and exact location of the occurrence; 

(2) The name of each person who died or disappeared; 

(3) The registration number or name of the vessel as documented, and 

(4) The names and addresses of the owner and operator. 

(b) When the operator of a vessel cannot give the notice required by 

paragraph (a) of this section, each person on board the vessel shall notify 

the Department of Boating and Waterways and the enforcement agency 

having jurisdiction over the waterbody or determine that the notice has 

been given. 

NOTE: Authority cited: Section 656, Harbors and Navigation Code. Reference: 
Section 656, Harbors and Navigation Code. 

History 

1. New section filed 10-3-73 as an emergency; effective upon filing (Register 73, 
No. 40). 

2. Certificate of Compliance filed 11-30-73 (Register 73, No. 48). 

3. Amendment filed 2-16-79 as procedural and organizational; effective upon fil- 
ing (Register 79, No. 7). 

4. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§ 6503. Peace Officer Reports to Department. 

Pursuant to section 656(d) of the Harbors and Navigation Code, a 
peace officer or harbor pohceman, upon receiving an initial report of a 
casualty involving the death or disappearance of a person as a result of 
a boating occurrence, shall immediately forward such report, by quickest 
means available, to the Department of Boating and Waterways in Sacra- 
mento. 

NOTE: Authority cited: Section 656, Harbors and Navigation Code. Reference: 
Section 656, Harbors and Navigation Code. 

History 

1 . New section filed 1 0-3-73 as an emergency; effecfi ve upon filing (Register 73, 
No. 40). 

2. Certificate of Compliance filed 1 1-30-73 (Register 73, No. 48). 

3. Amendment filed 2-1 6-79 as procedural and organizafional; effective upon fil- 
ing (Register 79, No. 7). 

4. Editorial correcfion of NOTE filed 10-11-85 (Register 85, No. 41). 

5. Amendment replacing "656(e)" with "656(d)" filed 4-2-90; operative 5-2-90 
(Register 90, No. 17). 

§ 6504. Boat Accident Reports in Writing. 

(a) The operator(s) or owner(s) of the boat(s) shall, in addition to the 
report required by section 6502, submit a written report(s) on forms pro- 
vided by the Department of Boating and Waterways, directly to the State 
of California, Department of Boating and Waterways, to the address 
shown on the forms when, as a result of an occurrence that involves the 
vessel or its equipment: 

(1) A person dies; 

(2) A person is injured and requires medical treatment beyond first aid; 

(3) Damage to the vessel and other property damage totals more than 
$500, or there is a complete loss of a vessel; or 

(4) A person disappears from the vessel under circumstances that indi- 
cate death or injury. 

(b) A report required by this section must be made within forty-eight 
hours of the occurrence if: 

(1) A person dies within twenty-four hours of the occurrence; 

(2) A person disappears; 

(3) A person is injured and receives medical treatment beyond first aid. 

(c) A report required by this section must be made within ten days of 
the occurrence if an earlier report is not required by this section if: 

(1) A person dies more than twenty-four hours after the occurrence; 

(2) Damage to the vessel and other property damage totals more than 
$500, or there is a complete loss of a vessel. 

NOTE: Authority cited: Section 656, Harbors and Navigation Code. Reference: 
Section 656, Harbors and Navigation Code. 

History 

1 . New section filed 10-3-73 as an emergency; effective upon fding (Register 73, 
No. 40). 



2. Certificate of Compliance filed 11-30-73 (Register 73, No. 48). 

3. Amendment filed 2-16-79 as procedural and organizational; effective upon fil- 
ing (Register 79, No. 7). 

4. Amendment filed 5-13-80; effective thirtieth day thereafter (Register 80, No. 
20). 

5. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

6. Amendment of subsection (a)(2) replacing "$200" with "$500"; subsection (b) 
replacing "article" with "section"; subsection (c) replacing "unless" with "if; 
and subsection (c)(2) replacing "$200" with "$500" filed 4-2-90; operative 
5-2-90 (Register 90, No. 17). 

7. Change without regulatory effect amending subsection (a) filed 4-30-2003 pur- 
suant to section 1 00, title 1 , California Code of Regulations (Register 2003, No. 
18). 

§ 6505. Content. 

Each accident report must be in writing, dated upon completion, and 
signed by the person who prepared it, and must contain, if available, at 
least the following information about the accident: 

(a) The registration numbers or names as documented of each vessel 
involved. 

(b) The name and address of each owner of each vessel involved. 

(c) The name of the nearest city or town, the county, the state, and the 
body of water. 

(d) The time and date the casualty or accident occurred. 

(e) The location on the water. 

(f) The visibility, weather, and water conditions. 

(g) The estimated air and water temperatures. 

(h) The name, address, age, or date of birth, telephone number, vessel 
operating experience, and boating safety training of the operator making 
the report. 

(i) The name and address of each operator of each vessel involved. 

(j) The number of persons on board and towed on skis by each vessel. 

(k) The name, address, and date of birth of each person who died, was 
injured or disappeared. 

(/) The cause of each death. 

(m) Weather forecasts available to, and weather reports used by, the 
operator before and during the use of each vessel. 

(n) The name and address of each owner of property involved. 

(o) The number, availability, and use of personal flotation devices. 

(p) The type and size of each fire extinguisher used. 

(q) The nature and extent of each injury. 

(r) A description of all property damage and vessel damage with an es- 
timate of the cost of all repairs. 

(s) A description of each equipment failure that caused or contributed 
to the cause of the casualty or accident. 

(t) A description of the vessel casualty or accident. 

(u) The type of vessel operation (cruising, drifting, fishing, hunting, 
skiing, racing or other) and the type of accident (capsizing, sinking, fire, 
explosion, or other). 

(v) The opinion of the person making the report as to the cause of the 
accident. 

(w) The make, model, type (open, cabin, house, or other), beam width 
at widest point, length, depth from transom to keel, horsepower, propul- 
sion (outboard, inboard, inboard/outdrive, sail, or other), fuel (gas, die- 
sel, or other), construction (wood, steel, aluminum, plastic, fiberglass, or 
other), and year built (model year) of the reporting operator's vessel. 

(x) The name, address, and telephone number of each witness. 

(y) The manufacturer's hull identification number, if any, of reporting 
operator's vessel. 

(z) The name, address, and telephone number of the person submitting 
the report. 

NoTE: Authority cited: Section 656, Harbors and Navigation Code. Reference: 
Section 656, Harbors and Navigation Code. 

History 

1 . New section filed 10-3-73 as an emergency; effective upon filing (Register 73, 
No. 40). 

2. Certificate of Compliance filed 11-30-73 (Register 73, No. 48). 

3. Editorial correcfion of NOTE filed 10-11-85 (Register 85, No. 41). 



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§6550 



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Article 4. Equipment Requirements 

§ 6550. Purpose. 

History 

1 . Repealer of Article 4 ( §§ 6550 through 6576) and new Article 4 ( §§ 6550 
through 6576) filed 5-1 1-71; effective thirtieth day thereafter (Register 70, No. 
20). For prior history, see Registers 63, No. 19; 65, Nos. Band 15;66, No. 43; 
67, No. 23. 

2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 
1 1349,7; effective thirtieth day thereafter (Register 85. No. 26). 

§ 6550.5. Scope of Articles 4 and 5. 

(a) The regulations in this article and in Article .'S apply to vessels oper- 
ating on the waters of this Slate that are defined in Government Code Sec- 
tion ] 70. All vessels complying with the construction and equipment re- 
quirements of the International Regulations for Preventing Collisions at 
Sea, 1972, are considered to be in compliance with these Rules. 

(b) Where federal law, including the United States Coast Guard regu- 
lations, provides an exemption to any of the provisions of the federal 
equipment or operation requirements which conform to the state require- 
ments set forth in Articles 4 and 5 of this chapter, such exemption shall 
also apply to the state requirements. 

(c) Any peace officer or harbor policeman authorized to enforce the 
provisions of Chapter 5 of the Harbors and Navigation Code may inspect 
a vessel using California waterways for compHance with safety laws, 
rules, and/or regulations where he has probable cause or a reasonable sus- 
picion to believe that a violation of such laws, rules, or regulations exists. 

(d) Any peace officer authorized to enforce the provisions of Chapter 
5 of the Harbors and Navigation Code may order the operator of an un- 
safe vessel to remove such vessel to the shore or to a safe moorage or an- 
chorage in accordance with the requireinents of this subsection. An offi- 
cer may order an unsafe vessel so removed where it is being operated 
with one or more of the following hazardous conditions, where such con- 
ditions cannot be corrected on the spot, and where, in the judgment of the 
officer, continued operation of the vessel would create an immediate dan- 
ger to life, limb, or property. 

(1) Boat being used without sufficient personal flotation devices, as 
prescribed by Section 6565 of this chapter; 

(2) Boat being used without sufficient firefighting devices, as pre- 
scribed by Section 6569 of this chapter; 

(3) Boat does not display required navigation lights between sunset 
and sunrise, as prescribed by Section 6600.1 of this Chapter; 

(4) Boat has fuel leakage from either the fuel system or engine, or both; 

(5) Boat has accumulation of fuel in bilges or compartment other than 
a fuel tank; 

(6) Boat does not have legal and serviceable ventilation system, as pre- 
scribed by Section 6575 of this chapter; 

(7) Boat does not have proper backfire flame control system, as pre- 
scribed by Section 6574 of this chapter; 

(8) Boat is overloaded to such an extent that there exists so little free- 
board the danger of sinking or capsizing may be imminent. 

Any person operating an unsafe vessel, as specified in this subsection, 
shall remove it to the shore or to a safe moorage or anchorage as directed 
by the peace officer. 

Note: Authority cited: Sections 662 and 655, Harbors and Navigation Code. Ref- 
erence: Sections 652, 655, 663, 663.5, and 663.6, Harbors and Navigation Code; 
and PL 96-591, Rule l(b)(ii). 

History 

1. Amendment filed 5-13-80; effective thirtieth day thereafter (Register 80, No. 
20). 

2. Amendment of subsections (a), (d)(8) and (e) filed 1-28-83; effective thirtieth 
day thereafter (Register 83, No. 5). 

3. Order of Repeal of subsection (e) filed 6-3-85 by OAL pursuant to Government 
Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26). 

4. Amendment of subsections (a) and (d)(3) filed 8-28-86; effective thirtieth day 
thereafter (Register 86, No. 34). 

5. Amendment of subsection (d)(2) filed 1 1-25-87; operafive 12-25-87 (Register 
87, No. 49). 



§ 6551 . Invalidity of Provision or of Application to 
Particular Person or Circumstance. 

If any provision of this article, or its application to any person or cir- 
cumstance, is held invalid the remainder of this article, and the applica- 
tion of its provisions to any other person or circumstance, is not affected. 
NOTE: Authority cited: Section 652. Harbors and Navigation Code. Reference: 
Sections 650 and 652, Harbors and Navigation Code. 

History 
1 . Editorial correction of NOTE filed 1 0-1 1-85 (Register 85, No. 41 ). 

§ 6552. Definitions. 

As used in Articles 4 and 5: 

(a) "Approved" means approved by the Commandant of the United 
States Coast Guard. 

(b) "Barge" means any nonself-propelled vessel. 

(c) "Carrying passengers for hire" means the carriage of a person by 
a vessel for a valuable consideration, whether directly or indirectly flow- 
ing to the owner, charterer, operator, agent, or any other person interested 
in the vessel. 

(d) "Ferry" includes a vessel having provisions only for deck passen- 
gers and/or vehicles, operating on a short run on a frequent schedule be- 
tween two points over the most direct water route, and offering a public 
service of a type normally attributed to a bridge or tunnel. "Ferry" does 
not include a vessel navigating the water of the ocean. 

(e) "Fire extinguisher" means a marine-type fire extinguisher, as ap- 
proved by the Commandant of the Coast Guard. 

(f) "High Seas" means: 

(1) Crescent City Harbor. Those waters outside of a line drawn from 
Crescent City Entrance Light to the southeastemmost extremity of Whal- 
er Island. 

(2) Arcata-Humboldt Bay. Those waters outside of a line drawn from 
Humboldt Bay Entrance Light 4 to Humboldt Bay Entrance Light 3. 

(3) Noyo River. Those waters outside of a line drawn from Noyo River 
Entrance Daybeacon 4 to Noyo River Entrance Light 5. 

(4) Albion River. Those waters outside of a line drawn on an axis of 
030 true through Albion River Light 1 across Albion Cove. 

(5) Bodega Bay. Those waters outside of a line drawn from the sea- 
ward extremity of Bodega Harbor North Breakwater to Bodega Harbor 
Entrance Light 1. 

(6) Tomales Bay. Those waters outside of an east-west line drawn 
from Sand Point to Avails Beach. 

(7) San Francisco Harbor. Those waters outside of a straight line 
drawn from Point Bonita Light through Mile Rocks Light to the shore. 

(8) Pillar Point Harbor. Those waters outside of a fine drawn from Pil- 
lar Point Harbor Light 6 to Pillar Point Harbor Entrance Light. 

(9) Santa Cruz Harbor. Those waters outside of a line drawn from the 
seaward extremity of the Santa Cruz Harbor East Breakwater to Santa 
Cruz Harbor West Breakwater Light; thence to Santa Cruz Light. 

(10) Moss Landing Harbor. Those waters outside of a line drawn from 
the seaward extremity of the pier located 0.3 mile south of Moss Landing 
Harbor entrance to the seaward extremity of the Moss Landing Harbor 
North Breakwater. 

(11) Monterey Harbor. Those waters outside of a line drawn from 
Monterey Harbor Light 6 to the northern extremity of Monterey Munici- 
pal Wharf 2. 

(12) Estero-Morro Bay. Those waters outside of a line drawn from the 
seaward extremity of the Morro Bay East Breakwater to the Morro Bay 
West Breakwater Light. 

(13) San Luis Obispo Bay. Those waters outside of a line drawn from 
the southernmost extremity of Fossil Point to the seaward extremity of 
Whaler Island Breakwater. 

(14) Santa Barbara Harbor. Those waters outside of a line drawn from 
Santa Barbara Harbor Light 4 to Santa Barbara Harbor Breakwater Light. 

(15) Ventura Marina. Those waters outside of a Une drawn from Ven- 
tura Marina South Jetty Light 6 to Ventura Marina Breakwater South 
Light 3; thence to Ventura Marina North Jetty Light 7. 

(16) Channel Islands Harbor. 



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Title 14 Department of Boating and Waterways § 6552 

(A) Those waters outside of a line drawn from Channel Islands Harbor (17) Port Hueneme. Those waters outside of a line drawn from Port 
South Jetty Light 2 to Channel Islands Harbor Breakwater South Light Hueneme East Jetty Light 4 to Port Hueneme West Jetty Light 3. 

1. (18) Marina del Rey. 

(B) Those waters outside of a line drawn from Channel Islands Harbor 
Breakwater North Light to Channel Islands Harbor North Jetty Light 5. 



[The next page is 475.] 



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Title 14 



Department of Boating and Waterways 



§6555 



(A) Those waters outside of a line drawn from Marina del Rey Break- 
water South Light 1 to Marina del Rey Light 4. 

(B) Those waters outside of a line drawn from Marina del Rey Break- 
water North Light 2 to Marina del Rey Light 3. 

(C) Those waters outside of a line drawn from Marina del Rey Light 
4 to the seaward extremity of the Ballona Creek South Jetty. 

(19) Redondo Harbor. Those waters outside of a line drawn from Re- 
dondo Beach East Jetty Light 2 to Redondo Beach West Jetty Light 3. 

(20) San Pedro Bay-Anaheim Bay. 

(A) Those waters outside of a line drawn across the seaward extremi- 
ties of Anaheim Bay Entrance Jetties; thence to Long Beach Breakwater 
East End Light 1 . 

(B) Those waters outside of a line drawn from Long Beach Channel 
Entrance Light 2 to Long Beach Light. 

(C) Those waters outside of a line drawn from Los Angeles Main En- 
trance Channel Light 2 to Los Angeles Light. 

(21 ) Newport Bay. Those waters outside of a line drawn from Newport 
Bay East Jetty Light 4 to Newport Bay West Jetty Light 3. 

(22) Santa Catalina Island. Those waters within the harbors of Santa 
Catalina Island. 

(23) Dana Point Harbor. Those waters outside of a line drawn from 
Dana Point Jetty Light 6 to Dana Point Breakwater Light 5. 

(24) Oceanside Harbor. Those waters outside of a line drawn from 
Oceanside South Jetty Light 4 to Oceanside Breakwater Light 3. 

(25) Mission Bay. Those waters outside of a line drawn from Mission 
Bay South Jetty Light 2 to Mission Bay North Jetty Light I. 

(26) San Diego Harbor. Those waters outside of a line drawn from Zu- 
niga Jetty Light "V" to Zuniga Jetty Light "Z"; thence to Point Loma 
Light. 

(27) Other Entrances. At all buoyed entrances from seaward to bays, 
sounds, rivers, or other estuaries for which specific lines are not de- 
scribed in this section, the waters outside of a line approximately parallel 
with the general trend of the shore, drawn through the outermost buoy or 
buoys or other aid to navigation of any system of aids. 

(g) "Inland Waters" means any waters within the territorial limits of 
California other than those that are defined in Section 6552(f) of these 
regulations as the "high seas." 

(h) "Machinery" includes an inboard or outboard engine and any other 
type of motor or mechanical device capable of propelling a vessel. 

(i) "Nonself-propelled vessel" means a vessel without sufficient 
means for self-propulsion and is required to be towed. 

0) "Operator" means the person who operates or who has charge of the 
navigation or use of a vessel. 

(k) "Passenger" means every person, other than the master and a mem- 
ber of the crew or other persons employed or engaged in any capacity on 
board a vessel in the business of that vessel. 

(/) "Power driven vessel" means any vessel propelled by machinery. 

(m) "Sailing vessel" means any vessel under sail provided that propel- 
ling machinery, if fitted, is not being used. 

(n) "Ship's lifeboat" means a lifeboat used solely for hfesaving pur- 
poses and does not include dinghies, tenders, speedboats, or other types 
of craft carried aboard a vessel and used for other than lifesaving pur- 
poses. 

(0) "Whistle" means any sound signaling appliance capable of produc- 
ing the prescribed blasts. 

(p) "Boat" means any vessel which is any of the following: 

(1) Manufactured or used primarily for noncommercial use. 

(2) Leased, rented, or chartered to another for the latter' s noncommer- 
cial use. 

(3) Engaged in the carrying of six or fewer passengers, including those 
for-hire vessels carrying more than three passengers while using inland 
waters of the state that are not declared navigable by the United States 
Coast Guard. 

(4) Commercial vessels required to be numbered pursuant to Section 
9850 of the Vehicle Code. 



(q) "Vessel" includes every description of water craft, including non- 
displacement craft and seaplanes, used or capable of being used as a 
means of transportation on water; 

(r) "Seaplane" includes any aircraft designed to maneuver on the wa- 
ter, 

(s) "Vessel engaged in fishing" means any vessel fishing with nets, 
lines, trawls, or other fishing apparatus which restricts maneuverability, 
but does not include a vessel fishing with trolling lines or other fishing 
apparatus which do not restrict maneuverability; 

(t) "Vessel not under command" means a vessel which, through some 
exceptional circumstance, is unable to maneuver as required by these 
Rules, and is, therefore, unable to keep out of the way of another vessel. 

(u) "Vessel restricted in her ability to maneuver" means a vessel 
which, from the nature of her work, is restricted in her ability to maneuver 
as required by these Rules, and is, therefore, unable to keep out of the way 
of another vessel; vessels restricted in their ability to maneuver include, 
but are not Umited to: 

(1) A vessel engaged in laying, servicing, or picking up a navigafion 
mark, submarine cable, or pipehne; 

(2) A vessel engaged in dredging, surveying, or underwater opera- 
tions; 

(3) A vessel engaged in replenishment or transferring persons, provi- 
sions, or cargo while underway; 

(4) A vessel engaged in the launching or recovery of aircraft; 

(5) A vessel engaged in minesweeping operations; and 

(6) A vessel engaged in a towing operafion such as severely restricts 
the towing vessel and her tow in their ability to deviate from their course. 

(v) "Underway" means that a vessel is not at anchor, or made fast to 
the shore, or aground. 

(w) "Length" and "breadth" of a vessel mean her length overall and 
greatest breadth. 

(x) Vessels shall be deemed to be in sight of one another only when one 
can be observed visually from the other. 

(y) "Restricted visibility" means any condition in which visibility is 
restricted by fog, mist, falling snow, heavy rainstorms, sandstorms, or 
any other similar causes. 

NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. 
Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code. 

History 

1. Amendment of subsection (f) filed 10-13-72; effective thirtieth day thereafter 
(Register 72, No. 42). 

2. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

3. Amendment filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 
35). 

4. Amendment filed 4-26-78; effective thirtieth day thereafter (Register 78, No. 
17). 

5. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 
5). 

6. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 

7. Amendment of subsecfion (f) filed 8-28-86; effective thirtieth day thereafter 
(Register 86, No. 35). 

§ 6553. Classes of Motorboats. 

History 
1. Repealer filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4). 

§ 6554. Measurement. 

History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6555. Equipment for Sound Signals. 

NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference: 
Section 652, Harbors and Navigation Code; and PL 96-591, Rule 33. 

History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 
5). 



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§6556 



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3. Repealer filed 7-24-96; operative 8-23-96 (Register 96, No. 30). 

§ 6556. Whistle or Other Sound-Producing i\/lechanical 

Appliance — While Operating on Inland Waters. 

NOTE: Autiiority cited: Section 652, Harbors and Navigation Code. Reference: 
Section 652, Harbors and Navigation Code; and PL 96-591, Annex II. 

History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 

5). 

3. Repealer filed 7-24-96; operative 8-23-96 (Register 96. No. 30). 

§ 6557. Equipment for Sound Signals — While Operating on 
the "High Seas." 

NOTE: Authority cited: Sections 652, 655.3 and 669, Harbors and Navigation 
Code. Reference: Section 652, Harbors and Navigation Code. 

History 

1 . Amendment filed 8-26-77; effective thirtieth day thereafter (Register 77. No. 
35). 

2. Editorial cortection of NOTE filed 10-11-85 (Register 85, No. 41). 

3. Repealer filed 7-24-96; operative 8-23-96 (Register 96, No. 30). 

§ 6557.1. Technical Details of Sound Signal Appliances 

Required for Use on Vessels Operating on the 
"High Seas." 

NOTE: Authority cited: Sections 652, 655.3 and 669, Harbors and Navigation 
Code. Reference: Section 652, Harbors and Navigation Code. 

History 

1 . Amendment filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 

35). 

2. Editorial correcfion of NOTE filed 10-11-85 (Register 85, No. 41). 

3. Repealer filed 7-24-96; operative 8-23-96 (Register 96, No. 30). 

§ 6558. Foghorn. 

History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6559. Foghorn — While Operating on Inland Waters. 

History 

1 . Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5). 

§ 6560. Foghorn — While Operating on the "High Seas." 

History 
1 . Repealer filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 35). 

§6561. Bell and Other Fog Sound Signal Devices. 

History 

1 . Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6562. Bell and Other Fog Sound Signal Devices— While 
Operating on Inland Waters. 

History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6563. Bell and Other Sound Signal Devices— While 
Operating on the "High Seas." 

History 
1 . Repealer filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 35). 

§ 6564. Personal Flotation Devices. 

Pursuant to Section 652, Harbors and Navigation Code, a vessel being 
operated on the waters of this State shall carry personal flotation equip- 
ment as prescribed in Sections 6565 to 6566, inclusive. 
NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference: 
Secfion 652, Harbors and Navigafion Code. 



History 

1. Amendment filed 4-5-72; effective thirtieth day thereafter (Register 72, No. 
15). 

2. Amendment filed 8-21-73; designated effective 10-1-73 (Register 73, No. 34). 

3. Amendment filed 1-18-77; effective thirtieth day thereafter (Resister 77, No. 
4). 

4. Editorial con-ection of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§ 6565. Personal Flotation Devices for Boats. 

In accord with Federal regulations (33 CFR Part 175), a boat or recre- 
ational boat shall be equipped with personal flotation devices as set forth 
in sections 6565.2 through 6565.9. 

NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference: 
Secfion 652, Harbors and Navigafion Code. 

History 

1. Repealer and new secfion filed 8-21-73; designated effective 10-1-73 (Regis- 
ter 73, No. 34). For former section, see Register 72, No. 1 5. 

2. Amendment filed 8-26-77; effecfive thirtieth day thereafter (Register 77, No. 

35). 

3. Editorial correcfion of NOTE filed 10-1 1-85 (Register 85, No. 41). 

4. Amendment subsfitufing "6565.2" for "6565. 1 " filed 4-2-90; operative 5-2-90 
(Register 90, No. 17). 

§6565.1. Applicability. 

NOTE: Authority cited: Sections 38, 82, 652, 655.3 and 669, Harbors and Naviga- 
fion Code. Reference: Division 3, Chapter 5, Harbors and Navigafion Code. 

History 

1. New section filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 
35). 

2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 
11349.7; effecfive thirtieth day thereafter (Register 85, No. 26). 

§ 6565.2. Definitions. 

As used in sections 6565.2 through 6565.8: 

(a) "Boat" means any vessel manufactured or used primarily for non- 
commercial use; leased, rented, or chartered to another for the latter's 
noncommercial use; or engaged in the carrying of six or fewer passen- 
gers. 

(b) "Recreational boat" means any vessel manufactured or used pri- 
marily for noncommercial use; or leased, rented, or chartered to another 
for the latter's noncommercial use. It does not include a vessel engaged 
in the carrying of six or fewer passengers. 

(c) "Vessel" includes every description of watercraft other than a sea- 
plane on the water, used or capable of being used as a means of transpor- 
tation on the water. 

(d) "Use" means operate, navigate, or employ. 

(e) "Passenger" means every person carried on board a vessel other 
than: 

(1) The owner or his representative; 

(2) The operator; 

(3) Bona fide members of the crew engaged in the business of the ves- 
sel who have contributed no consideration for their carriage and who are 
paid for their services; or 

(4) Any guest on board a vessel which is being used exclusively for 
pleasure purposes who has not contributed any consideration, directly or 
indirectly, for his carriage. 

(f) "Racing shell, rowing scull, racing canoes and racing kayak," 
means a manually-propelled boat that is recognized by national or inter- 
national racing associations for use in competitive racing and one in 
which all occupants row, scull, or paddle, with the exception of a cox- 
swain, if one is provided, and is not designed to carry and does not carry 
any equipment not solely for competitive racing. 

NOTE; Authority cited: Sections 652 and 669, Harbors and Navigafion Code. Ref- 
erence: Secfion 652, Harbors and Navigation Code. 

History 

1. New section filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 
35). 

2. Editorial correcfion of NOTE filed 10-1 1-85 (Register 85, No. 41). 

3. Amendment substitufing "6565.2" for "6565.1" filed 4-2-90; operative 5-2-90 
(Register 90, No. 17). 

4. Amendment of first paragraph, subsection (0 and Note filed 7-24-96; opera- 
five 8-23-96 (Register 96, No. 30). 



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§6566 



§ 6565.3. Applicability. 

Sections 6565.2 through 6565.8 apply to all recreational boats that are 
propelled or controlled by machinery, sails, oars, paddles, poles, or 
another vessel except racing shells, rowing sculls, racing canoes, and rac- 
ing kayaks. 

NOTE; Authority cited: Sections 652 and 669, Harbors and Navigation Code. Ref- 
erence: Section 652, Harbors and Navigation Code. 

History 

1. New section filed 8-26-77: effective thirtieth day thereafter (Register 77, No. 

35). 

2. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

3. Amendment substituting "6565.2" for "6565. 1 " filed 4-2-90; operative 5-2-90 
(Register 90, No. 17). 

4. Amendment of section and NOTiz filed 7-24-96; operative 8-23-96 (Register 
96, No. 30). 

§ 6565.4. Definitions. 

As used in sections 6565.2 through 6565.8: 

(a) "Personal flotation device" means a device that is approved by the 
Commandant under 46 CFR Part 160. 

(b) "PFD" means "personal flotation device." 

NOTE: Authority cited: Sections 652 and 669, Harbors and Navigation Code. Ref- 
erence: Section 652, Harbors and Navigation Code. 

History 

1. New section filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 

35). 

2. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

3. Amendment substituting "6565.2" for "6565. 1 " filed 4-2-90; operative 5-2-90 
(Register 90, No. 17). 

4. Amendment of first paragraph and Note filed 7-24-96; operative 8-23-96 
(Register 96, No. 30). 

§ 6565.5. Personal Flotation Devices Required. 

Except as provided in Section 6565.6: 

(a) Effective January 1, 1998, no person may use a recreational boat 
unless at least one PFD of the following types is on board for each person: 

(1) Type I PFD, 

(2) Type II PFD, or 

(3) Type III PFD. 

(b) Prior to January 1, 1998, a Type IV may be carried in lieu of any 
Type I, II, or III PFD, for each person on board a recreational boat less 
than 16 feet in length or any canoe or kayak of any length. 

(c) No person may use a recreational boat 16 feet or more in length, 
except a canoe or kayak, unless 

(1) One Type IV PFD is on board, and 

(2) At least one PFD of the following types is on board for each person: 
(i) Type I PFD; 

(ii) Type II PFD; or 
(iii) Type III PFD. 

NOTE: Authority cited: Sections 652 and 669, Harbors and Navigation Code. Ref- 
erence: Section 652, Harbors and Navigation Code. 

History 

1. New section filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 
35). 

2. Editorial correction of Note filed 10-11-85 (Register 85, No. 41). 

3. Change without regulatory effect amending subsections (a)(l)-(a)(3) filed 
7-2-92 pursuant to secfion 100, title 1, CaUfomia Code of Regulations (Regis- 
ter 92, No. 28). 

4. Editorial correcfion of printing errors (Register 92, No. 28). 

5. Amendment of section and Note filed 7-24-96; operative 8-23-96 (Register 
96, No. 30). 

§ 6565.6. Exceptions. 

A Type V PFD may be carried in lieu of any PFD required under Sec- 
tion 6565.5 provided: 

(a) The approval label on the Type V PFD indicates that the device is 
approved: 

(1) For the activity in which the boat is being used; or 

(2) As a substitute for a PFD of the Type required on the boat in use; 



(b) The PFD is used in accordance with any requirements on the ap- 
proval label; and 

(c) The PFD is used in accordance with requirements in its owner's 
manual, if the approval label makes reference to such a manual. 
NOTE: Authority cited: Secfions 652 and 669, Harbors and Navigation Code. Ref- 
erence: Section 652, Harbors and Navigation Code. 

History 

1. New section filed 8-26-77; effecfive thirtieth day thereafter (Register 77, No. 
35). 

2. Editorial con-ection of Note filed 10-11-85 (Register 85, No. 41). 

3. New subsection (b) filed 8-28-86; effective thirtieth day thereafter (Register 
86, No. 35). 

4. Repealer and new section filed 10-17-91; operative 11-18-91 (Register 92, 
No. .30). 

5. Amendment of section and Note filed 7-24-96; operative 8-23-96 (Register 
96, No. 30). 

§ 6565.7. Stowage. 

(a) No person may use a recreational boat unless each Type 1, II or III 
PFD required by Section 6565.5 or equivalent type allowed by 6565.6 is 
readily accessible. 

(b) No person may use a recreational boat unless each Type IV PFD 
required by Section 6565.5 or equivalent type allowed by 6565.6 is im- 
mediately available. 

NOTE: Authority cited: Sections 652 and 669, Harbors and Navigation Code. Ref- 
erence: Section 652, Harbors and Navigation Code. 

History 

1 . New section filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 
35). 

2. Editorial correcfion of Note filed 10-11-85 (Register 85, No. 41). 

3. Amendment filed 10-17-92; operauve 11-18-91 (Register 92, No. 30). 

4. Amendment of Note filed 7-24-96; operative 8-23-96 (Register 96, No. 30). 

§ 6565.8. Conditions; Size and Fit; Approval Marking. 

No person may use a recreational boat unless each PFD required by 
Section 6565.5 or allowed by Section 6565.6 is: 

(a) In serviceable condition; 

(b) Of an appropriate size and fit for the intended wearer, as marked 
on the approval label; and 

(c) Legibly marked with its approval number, as specified in 46 CFR 
Part 160. 

NOTE: Authority cited: Sections 652 and 669, Harbors and Navigation Code. Ref- 
erence: Section 652, Harbors and Navigation Code. 

History 

1. New secfion filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 
35). 

2. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

3. Amendment filed 10-17-92; operafive 1 1-18-91 (Register 92, No. 30). 

4. Amendment of Note filed 7-24-96; operafive 8-23-96 (Register 96, No. 30). 

§ 6565.9. Personal Flotation Device Equivalents. 

NOTE: Authority cited: Secfions 652, 655.3 and 669, Harbors and Navigation 
Code. Reference: Section 652, Harbors and Navigation Code. 

History 

1. New secfion filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 

35). 

2. Editorial correction of Note filed 10-11-85 (Register 85, No. 41). 

3. Repealer filed 10-17-91; operafive 11-18-91 (Register 92, No. 30). 

§ 6566. Life Preservers and Lifesaving 

Equipment — Passengers-for-Hire Vessels. 

(a) In accordance with Federal regulation (46 CFR, Part 25.25), com- 
mercial vessels and those carrying passengers for hire shall be equipped 
with life preservers and other lifesaving equipment as follows: 

(1) Application. This section applies to each vessel to which this sec- 
tion applies, except: 

(A) Vessels used for noncommercial use; 

(B) Vessels leased, rented, or chartered to another for the latter' s non- 
commercial use; 

(C) Commercial vessels propelled by sail not carrying passengers for 
hire; or 



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§6567 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



(D) Commercial barges not carrying passengers for hire. 

(2) Definitions. As used in this section: 

(A) "Approved" means approved by the Commandant under 46 CFR, 
Part 160. 

(B) "Use" means operate, navigate, or employ. 

(3) Life preservers and other lifesaving equipment required. 

(A) No person may operate a vessel to which this section applies unless 
it meets the requirements of this section. 

(B) Each vessel not carrying passengers for hire less than 40 feet in 
length, must have at least one life preserver, buoyant vest, or special pur- 
pose water safety buoyant device intended to be worn approved by the 
Commandant under 46 CFR, Part 160, of a suitable size for each person 
on board. Kapok and fibrous glass life preservers that do not have plas- 
tic-covered pad inserts are not acceptable as equipment required by this 
paragraph. 

(C).Each vessel carrying passengers for hire and each vessel 40 feet 
in length or longer not carrying passengers for hire must have at least one 
approved life preserver of a suitable size for each person on board. Kapok 
and fibrous glass life preservers which do not have plastic-covered pad 
inserts are not acceptable as equipment required by tliis paragraph. 

(D) Each vessel 26 feet in length or longer must have at least one ring 
life buoy approved under Title 46, CFR, Subparts 160.009 or 160.050, 
in addition to the equipment required in paragraph (B) or (C) of this sec- 
tion. 

(E) On each vessel, regardless of length and regardless of whether car- 
rying passengers for hire, an approved commercial hybrid PFD may be 
substituted for a life preserver, buoyant vest, or marine buoyant device 
required by paragraphs (B) or (C) of this section, only if it is: 

1. Worn when the vessel is underway and the intended wearer is not 
within an enclosed space; 

2. Used in accordance with the conditions marked on the PFD and in 
the owner's manual; and 

3. Labeled for use on uninspected commercial vessels. 

(F) Each vessel not carrying passengers for hire may substitute an ex- 
posure suit for a life preserver, buoyant vest, or marine buoyant device 
required under paragraphs (B) or (C) of this section. Each exposure suit 
carried in accordance with this paragraph must be of a type approved un- 
der Title 46, CFR, Subpart 160.071. 

(4) Marking. The lifesaving equipment required by this section must 
be legibly marked as specified in 46 CFR, Part 1 60. 

(5) Storage. 

(A) The lifesaving equipment designed to be worn as required in sub- 
section (3), (B) (C) and (E) must be readily accessible. 

(B) Lifesaving equipment designed to be thrown as required in subsec- 
tion (3) (D) must be immediately available. 

(6) Condition. The lifesaving equipment required by this section must 
be in serviceable condition. 

(7) Retroreflective material for personal flotation devices. 

(A) Each life preserver, each marine buoyant device intended to be 
worn, and each buoyant vest carried on a vessel to which this section ap- 
plies, must have Type I retroreflective material that is approved under 6 
CFR, Subpart 164,018. 

(B) Each item required to have retroreflective material must have at 
least 200 sq. cm (3 1 sq. in.) of material attached to the front side, at least 
200 sq. cm of material on its back side, and if the item is reversible, at least 
200 sq. cm of material on each of its reversible sides. The material at- 
tached on each side of the item must be divided equally between the up- 
per quadrants of the side, and the material in each quadrant must be at- 
tached as closely as possible to the shoulder area of the item. 

NOTE; Authority cited: Section 652, Harbors and Navigation Code. Reference: 
Sections 650 and 652, Harbors and Navigation Code. 

History 

1. Repealer and new section filed 8-21-73; designated effective 10-1-73 (Regis- 
ter 73, No. 34). For former section, see Register 72, No. 15. 

2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 



3. Amendment filed 8-28-86; effective thirtieth day thereafter (Recister 86, No. 
35). • 

4. Amendment filed 1 1-25-87; operative 12-25-87 (Register 87, No. 49). 

§ 6567. Life Preserver and Other Lifesaving 

Equipment — Class 3(b) Motorboat. 

History 
1. Repealer filed 8-21-73; designated effective 10-1-73 (Register 73, No. 34). 

§ 6568. Life Preserver and Other Lifesaving 

Equipment — Barge Carrying Passengers for 
Hire. 

History 
1. Repealer filed 8-21-73; designated effective 10-1-73 (Register 73, No. 34). 

§ 6568.1 . Lifesaving Devices for Boats Other Than 
Motorboats. 

History 

1. New section filed 4-5-72; effective thirtieth day thereafter (Register 72, No. 
15). 

2. Repealer filed 8-21-73; designated effective 10-1-73 (Register 73, No. 34). 

3. Editorial conection deleting text (Register 95, No. 17). 

§ 6569. Fire Extinguishing Equipment. 

Pursuant to Section 652, Harbors and Navigation Code, a boat being 
operated on the waters of this State shall be provided with fire extinguish- 
ers as prescribed in Sections 6570 to 6573, inclusive, which shall at all 
times be kept in condition for immediate and effective use, and shall be 
so placed as to be readily accessible. 

NOTE: Authority cited: Sections 652 and 669, Harbors and Navigation Code. Ref- 
erence: Section 652, Harbors and Navigation Code. 

History 

1. Amendment filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 
35). 

2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 

3. Amendment of Note filed 7-24-96; operative 8-23-96 (Register 96, No. 30). 

§ 6570. Fire Extinguishing Equipment — Definitions. 

(a) A "B" type fire extinguisher means a fire extinguisher system suit- 
able for extinguishing fires involving flammable liquids, greases, etc. 

(b) "Hand-portable fire extinguisher" means a fire extinguisher of ei- 
ther of the following minimum sizes: 

Carbon Dry 

Foam dioxide, chemicals, Freon, 

Size gallons pounds pounds pounds 

I 11/4 4 2 2 1/2 

11 2 1/2 15 10 — 

(c) "Semiportable fire extinguisher" means a fire extinguisher system 
of the following size or larger which is fitted with suitable hose and 
nozzle or other practicable means so that all portions of the space con- 
cerned may be covered. 

Carbon Dry 

Foam dioxide, chemicals. 

Size gallons pounds pounds 

III 12 35 20 

(d) "Fixed fire extinguishing system" means a fire extinguishing sys- 
tem of an approved carbon dioxide type, designed and installed in agree- 
ment with the applicable provisions of subpart 76.15 of subchapter H of 
Title 46, Code of Federal Regulations, as amended. 

NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference: 
Section 652, Harbors and Navigation Code. 

History 

1. Amendment of subsection (b) filed 10-13-72; effective thirtieth day thereafter 
(Register 72, No. 42). 

2. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§ 6571. Fire Extinguishing Equipment — 
Vaporizing — Liquid Type. 

A vaporizing-liquid type fire extinguisher containing carbon tetrach- 
loride or chlorobromomethane or other toxic vaporizing liquids are not 
acceptable as equipment required by Section 6573. 
NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference: 
Section 652, Harbors and Navigation Code. 



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Title 14 



Department of Boating and Waterways 



§6575 



History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 



§ 6572. Fire Extinguishing Equipment — Marl<ings 
Required. 

(a) Each hand portable fire extinguisher and semiportable fire extin- 
guishing system shall have permanently attached thereto a metallic naine 
plate giving the 

(1) Name of the item 

(2) Rated capacity in gallons, quarts, or pounds 

(3) Name of the person or firm for whom approved 

(4) Address of the person or firm for whom approved, and 

(5) The identifying mark of the actual manufacturer. 

(b) Each hand portable fire extinguisher and semiportable fire extin- 
guisher shall bear a label containing the "marine type" listing manifest 
issued by a recognized laboratory, as defined in 46 CFR 162.028-5 and 
162.039-5. This label will include the classification of the extinguisher 
in accordance with the Coast Guard approval number, thus: "Marine 

Type USCG Type , Approval No. 162.028/ , or 

162.039/Ex. ." 

NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference: 
Section 652, Harbors and Navigation Code. 

History 

1. Amendment filed 10-31-83; effective thirtieth day thereafter (Register 83, No. 

45). 

2. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 



§ 6573. Fire Extinguishing Equipment — Requirements. 

(a) Boat Propelled by Machinery Sixty-five Feet or Less in Length. A 
boat propelled by machinery 65 feet or less in length shall carry at least 
the minimum number of hand-portable fire extinguishers set forth in 
Table 2. 

TABLE 2 



Minimum number of type B-I hand-portable 

fire extinguishers required ^ 

Without fixed fire With fixed fire 

Size of extinguishing system extinguishing system 

boat Length, feet in machinery space in machinery space 

Under 16 1 

16 and over, but under 26 1 

26 and over, but under 40 2 1 

40 and over, but not over 65 3 2 

'One type B-II hand-portable fire extinguisher may be substituted for two type 
B-I hand-portable fire extinguishers. 

(1) Exceptions: A boat of any of the following types is not required to 
carry a fire extinguisher. 

(A) Less than 26 feet in length, not carrying passengers for hire, pro- 
pelled by an outboard motor, without permanently installed fuel tanks, 
and of a construction which will not permit the entrapment of explosive 
or flammable gasses or vapors. 

(b) Boat Propelled by Machinery Over Sixty-Five Feet in Length. A 
boat propelled by machinery over 65 feet in length shall carry at least the 
minimum number of hand-portable fire extinguishers set forth in Table 
3 and in addition shall carry: 

(1) One type B-II hand-portable fire extinguisher for each 1,000 
B.H.P. of the main engine or fraction thereof. However, not more than 
six such extinguishers need be carried. 

(2) On boats propelled by machinery over 65 feet in length and over 
300 gross tons, either one type B-III semi-portable fire extinguishing 
system shall be fitted, or altemafively, a fixed fire extinguishing system 
shall be fitted in the machinery space. 



TABLE 3 



Gross tonnage 
Over Not over 



Minimum number of B-II hand- 
portable fire extinguishers 



50 1 

100 2 

500 3 

1,000 6 



50 
100 
500 
1,000 



(c) Barge Carrying Passengers. 

( 1 ) 65 Feet in Length or Less. A barge 65 feet in length or less carrying 
passengers, which is regulariy operated with a boat propelled by machin- 
ery, shall be fitted with hand-portable fire extinguishers as required by 
Table 2 depending upon the length of the barge. 

(2) Over 65 Feet in Length. A barge of over 65 feet in length carrying 
passengers, which is regulariy operated with a boat propelled by machin- 
ery, shall be fitted with hand-portable fire extinguishers as required by 
Table 3, depending upon the gross tonnage of the barge. 

NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference: 
Section 652, Harbors and Navigation Code. 

History 

1 . Amendment filed 10-13-72; effective thirtieth day thereafter (Register 72, No. 

42). 

2. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

3. Repealer of subsection (a)(1)(B) filed 10-31-83; effective thirtieth day thereaf- 
ter (Register 83, No. 45). 

4. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 

§ 6574. Bacl<fire Flame Control. 

Pursuant to Section 652, Harbors and Navigation Code, every gasoline 
engine installed in a boat after April 25, 1940, except outboard motors, 
shall be equipped with one of the following: 

(a) Backfire flame arrestor, suitably secured to the air intake with fla- 
metight connection, that is approved or compUes with SAE J-l 928 or UL 
1111 and marked accordingly. 

(b) A reed valve assembly or an air and fuel induction system installed 
in accordance with SAE J-l 928. 

(c) Any attachment to the carburetor or location of the engine air in- 
duction system by means of which flames caused by engine backfire will 
be dispersed to the atmosphere outside the vessel in such a manner that 
the flames will not endanger the vessel, persons on board, or nearby ves- 
sels and structures. All attachments shall be of metallic construction with 
flametight connections and firmly secured to withstand vibration, shock, 
and engine backfire. 

NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference: 
Section 652, Harbors and Navigation Code. 

History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Editorial con-ection of NOTE filed 10-11-85 (Register 85, No. 41). 

3. Amendment of subsections (a) and (b) filed 7-24-96; operative 8-23-96 (Reg- 
ister 96, No. 30). 

§ 6575. Ventilation. 

(a) Pursuant to Section 652, Harbors and Navigation Code, all boats 
propelled by machinery being operated on the waters of this State except 
open boats, and as provided in paragraphs (c) and (d) of this section, the 
construction or decking over of which is commenced after April 25, 
1940, and which use fuel having a flashpoint of llOU F. or less, shall 
have at least 2 ventilator ducts, fitted with cowls or their equivalent, for 
the efficient removal of explosive or flammable gases from the bilges of 
every engine and fuel tank compartment. There shall be at least one ex- 
haust duct installed so as to extend from the open atmosphere to the lower 
portion of the bilge and at least one intake duct installed so as to extend 
to a point at least midway to the bilge or at least below the level of the 
carburetor air intake. The cowls shall be located and trimmed for maxi- 
mum effectiveness and in such a manner so as to prevent displaced fumes 
from being recirculated. 



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§ 6575.1 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



(b) As used in this section, ttie term "open boats" means those boats 
propelled by machinery with all engine and fuel tank compartments, and 
other spaces to which explosive or flammable gases and vapors from 
these compartments may flow, open to the atmosphere and so arranged 
as to prevent the entrapment of such gases and vapors within the vessel. 

(c) Boats, as deflned in the Federal Boat Safety Act of 1 971 , built after 
July 3 1 , 1980, or which are in compliance with 33 CFR, Part 183, are ex- 
cepted from these requirements. 

(d) Boats, as deflned in the Federal Boat Safety Act of 197 1, built after 
July 3 1 , 1978, are excepted from the requirements of paragraph (a) for 
fuel tank compartments that — 

(1) Contain a permanently installed fuel tank if each electrical compo- 
nent is ignition protected in accordance with 33 CFR 183.410(a); and 

(2) Contain fuel tanks that vent to the outside of the boat. 

NOTE; Authoriiy cited: Section 652, Harbors and Navigation Code. Reference: 
Section 652, Harbors and Navigation Code. 

History 

1 . Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77. No. 
4). 

2. Amendment ofsubsection(a) and new subsections (c) and (d) filed 1-28-83; ef- 
fective thirtieth day thereafter (Register 83, No. 5). 

3. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 

§ 6575.1 . Operator Responsibility. 

No person may operate a boat built after July 31,1 980, that has a gaso- 
line engine for electrical generation, mechanical power, or propulsion 
unless it is equipped with an operable vendlation system that meets the 
requirements of Section 6575.5(a), (b), (d), (e), and (f), and 6575.6(a). 
NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference: 
Section 652, Harbors and Navigation Code; and 33 CFR 175.201. 

History 
] . New section filed 1 -28-83; effective thirtieth day thereafter (Register 83, No. 

5). 

§ 6575.2. Applicability. 

This regulation applies to all new boats that — 

(a) Have gasoline engines for electrical generation, mechanical power, 
or propulsion; and 

(b) Are built after July 31, 1980, except that a manufacturer may elect 
to comply with this subpart at any time after July 31, 1978. 

NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference: 
Section 652, Harbors and Navigation Code; and 33 CFR 183.601. 

History 

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 

5). 

§ 6575.3. Definitions. 

"AMCA" means Air Moving and Conditioning Association. 

"ASTM" means American Society for Testing and Materials. 

"Fuel" means gasoline. 

"Open to the atmosphere" means a compartment that has at least 1 5 
square inches of open area directly exposed to the atmosphere for each 
cubic foot of net compartment volume. 

"UL" means Underwriters Laboratories, Incorporated. 
NOTE: Authority cited: Sections 652 and 656.4, Harbors and Navigation Code. 
Reference: Sections 650 and 652, Harbors and Navigation Code; and 33 CFR 
183.605. 

History 

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 
5). 

2. Editorial cortection of section number filed 4-12-84 (Register 84, No. 15). 

§ 6575.4. Incorporation by Reference. 

(a) The following standards are incorporated by reference. Copies may 
be obtained from the sources indicated. They are also available for in- 
spection at the Department of Boating and Waterways; Archives, Secre- 
tary of State, 1020 "O" Street, Sacramento, California 95814; Coast 
Guard Headquarters, 2100 Second Street, S.W., Washington, D.C. 
20593-0001; and at the Office of the Federal Register Library, National 
Archives, Washington, D.C. 20408. 



(1) AMCA Standard 210-74, Figure 12, dated 1974. Air Moving and 
Conditioning Association International, Inc., 30 West University Drive, 
Arlington Heights, Illinois 60004. 

(2) ASTM Standard D-47 1-79 dated May 1 979. American Society for 
Testing and Materials International, 100 Barr Harbor Drive, P.O. Box 
C700, West Conshohocken, Pennsylvania 19428-2959. 

(3) UL Standard 1 128, dated August 23, 1977, published by Under- 
writers Laboratories, Incorporated, is available by contacting 
COMM-2000, 1414 Brook Drive, Downers Grove, Illinois 60515, tele- 
phone number 1 (888) 653-3503, or on the Internet: 
www.COMM-2000.com. 

NOTE: Authority cited: Sections 652 and 656.4, Harbors and Navigation Code. 
Reference: Sections 650 and 652, Harbors and Navigation Code; and 33 CFR 
183.607. 

History 

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 
5). 

2. Amendment filed 1 1-25-87; operative 12-25-87 (Register 87, No. 49). 

3. Change without regulatory effect amending section filed 4-30-2003 pursuant 
to section 100, fitle 1, California Code of Regulafions (Register 2003, No. 18). 

§ 6575.5. Powered Ventilation System. 

(a) Each compartment in a boat that has a permanently installed gaso- 
line engine with a cranking motor must — 

(1) Be open to the atmosphere, or 

(2) Be ventilated by an exhaust blower system. 

(b) Each exhaust blower or combination of blowers must be rated an 
at air flow capacity not less than that computed by the fonnulas given in 
Table A, Column 2. Blower rating must be determined according to 
AMCA Standard 210-74, Figure 12, dated 1974, or UL Standard n28 
dated August 23, 1977. 

FR=V/2 + 100 FO=0.2V+ 40 M 

Table A 

Col. 1^ Col. 2^ Col. 3^ 

Below 34 Fr=50 Fo=20 

34 to 100 Fr=l .5V Fo=0.6V 

Over 100 Fr=V/2 -h 100 Fo=0.2V + 40 

^ Net compartment volume of engine compartment and compartments open there- 
to (V) cubic feet. 
^ Rated blower capacity (Fr) cubic feet per minute. 
3 Blower system output (Fo) cubic feet per minute. 

(c) Each exhaust blower system required by paragraph (a) (2) of this 
section must exhaust air from the boat at a rate which meets the require- 
ments of Table A, Column 3, when the engine is not operating. 

(d) Each intake duct for an exhaust blower must be in the lower one- 
third of the compartment and above the normal level of accumulated 
bilge water. 

(e) More than one exhaust blower may be used in combination to meet 
the requirements of this section. 

(f) Each boat that is required to have an exhaust blower must have a 
label that — 

(1) Is located as close as practicable to each ignition switch; 

(2) Is in plain view of the operator; and 

(3) Has at least the following information: WARNING— GASOLINE 
VAPORS CAN EXPLODE. BEFORE STARTING ENGINE, OPER- 
ATE BLOWER FOR 4 MINUTES AND CHECK ENGINE COM- 
PARTMENT BILGE FOR GASOLINE VAPORS. 

NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference: 
Section 652, Harbors and Navigation Code; and 33 CFR 183.610. 

History 
1. New secfion filed 1-28-83: effective thirtieth day thereafter (Register 83, No. 

5). 

§ 6575.6. Natural Ventilation System. 

(a) Except for compartments open to the atmosphere, a natural ventila- 
tion system that meets the requirements of Section 6575.7 must be pro- 
vided for each compartment in a boat that — 

(1) Contains a permanenUy installed gasoline engine; 

(2) Has openings between it and a compartment that requires ventila- 
tion, where the aggregate area of those openings exceeds two percent of 



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§ 6575.7 



the area between the compartments, except as provided in paragraph (c) 
of this section; 

(3) Contains a permanently installed fuel tank and an electrical compo- 
nent that is not ignition protected in accordance with 33 CFR 1 83.410(a); 

(4) Contains a fuel tank that vents into that compartment; or 

(5) Contains a nonmetallic fuel tank with an aggregate permeability 
rate of more than the greater of 1 .2 grams of fuel loss in 24 hours, or 1 .2 
grams of fuel loss in 24 hours per cubic foot of net compartment volume. 
Reference fuel "C" at 40 C plus or minus 2 C from ASTM standard 
D-471-79, dated May, 1979, is to be used in determining the permeabil- 
ity rate. 

(b) Each natural ventilation system must be constructed so that — 

(1) Each supply opening required in Section 6375.7 is located on the 
exterior surface of a boat; or 

(2) Air will flow into or out of the supply or exhaust openings required 
in Section 6575.7 when the boat is in a wind flowing from bow to stem 
at a velocity of ten miles per hour when the engine is not operating. 

(c) An accommodation compartment above a compartment requiring 
ventilation that is separated from the compartment requiring ventilation 



by a deck or other structure is excepted from paragraph (a)(2) of this sec- 
tion. 

NOTE; Authority cited: Section 652, Harbors and Navigation Code. Reference: 
Section 652, Harbors and Navigation Code; and 33 CFR 183.620. 

History 

1 . New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 

5). 

2. Amendment of subsections (a)(5) and (b)(1) filed 11-25-87; operative 
12-25-87 (Register 87, No. 49). 



§ 6575.7. Standards for Natural Ventilation. 

(a) For the purpose of Section 6575.6, "natural ventilation" means an 
airflow in a compartment in a boat achieved by having — 

(1) A supply opening or duct from the atmosphere or from a ventilated 
compartment or from a compartment that is open to the atmosphere; and 

(2) An exhaust opening into another ventilated compartment or an ex- 
haust duct to the atmosphere. 

(b) Each exhaust opening or exhaust duct must originate in the lower 
third of the compartment. 



[The next page is 483.] 



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§ 6593.2 



(c) Each supply opening or supply duct and each exhaust opening or 
exhaust duct in a compartment must be above the normal accumulation 
of bilge water. 

(d) Except as provided in paragraph (e) of this section, supply open- 
ings or supply ducts and exhaust openings or exhaust ducts must each 
have a minimum aggregate internal cross-sectional area calculated as 
follows: A = 5 In (V/5); where: 

(1) A is the minimum aggregate internal cross-sectional area of the 
openings or ducts in square inches; 

(2) V is the net compartment volume in cubic feet, including the net 
volume of other compartments connected by openings that exceed two 
percent of the area between the compartments; and 

(3) In (V/5) is the natural logarithm of the quantity (V/5). 

(e) The minimum internal cross-sectional area of each supply opening 
or duct and exhaust opening or duct must exceed 3.0 square inches. 

(f) The minimum internal cross-sectional area of terminal fittings for 
flexible ventilation ducts installed to meet the requirements of paragraph 
(d) of this section must not be less than 80 percent of the required internal 
cross-sectional area of the flexible ventilation duct. 

NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference: 
Section 652, Harbors and Navigation Code; and 33 CFR 183.630. 

History 
1 . New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 
5). 

§ 6576. Liquefied Petroleum Gas. 

Pursuant to section 652, Harbors and Navigation Code, a vessel carry- 
ing passengers for liire on the waters of this State using liquefied petro- 
leum gas or compressed natural gas for heating, cooking, or lighting must 
adhere to the federal regulations as contained in 46 CFR 25, 58, 147, and 
184. 

NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference: 
Section 652, Harbors and Navigation Code. 

History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

3. Amendment filed 4-2-90; operative 5-2-90 (Register 90, No. 17). 



Article 4.1. Capacity Plate 

§ 6580. Capacity Plate. 

History 

1 . Amendment of Article 4. 1( §§ 6580 and 658 1 ) filed 5-1 1-7 1 ; effective thirtieth 
day thereafter (Register 71, No. 20). For prior history, see Register 66, No. 43. 

2. Repealer filed 3-14-73; effective thirtieth day thereafter (Register 73, No. 1 1). 

§6581. Exemptions. 

History 

1 . Repealer filed 3-14-73; effective thirtieth day thereafter (Register 73, No. 11). 



Article 4.5. Law Enforcement Vessels 

§ 6590. Law Enforcement Vessels. 

Vessels used as law enforcement vessels under the authority of Section 
663.5, Harbors and Navigation Code, shall be identified as follows: 

(a) They shall be of a distinctive color compatible with use as harbor 
police vessels. 

(b) They shall be marked with words such as "Harbor Police," "Port 
Police," "Harbor Patrol," or "Port Patrol" or their equivalent. These iden- 
tifying words shall be placed on each side of the vessel in a manner which 
will provide clear legibility and maximum opportunity for identification. 
The letters shall be of block character, of good proportion, and not less 
than six (6) inches in height. They shall be of a color which will form a 
good contrast with the color of the background and so maintained as to 
be clearly visible and legible. In addition to this marking, the vessel shall 
display prominently the identification of the operating agency. 



NOTE: Authority cited: Section 663.5, Harbors and Navigation Code. Reference: 
Sections 650 and 663.5, Harbors and Navigation Code. 

History 

1. Repealer of Article 4.5 (Sections 6590 and 6591) and New Art. 4.5 (Sections 
6590 and 6591) filed 5-1 1-71; effective thirtieth day thereafter (Register 71, 
No. 20). For prior history, see Registers 65, No. 20 and 67, No. 48. 

2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 

3. Amendment filed 1 1-25-87; operative 12-25-87 (Register 87, No. 49). 

§ 6591 . Blue Light for Enforcement Vessels. 

The distinctive light prescribed by Section 652.5, Harbors and Navi- 
gation Code, for law enforcement vessels shall be a blue colored, revolv- 
ing horizontal beam, low intensity light rotating or appearing to rotate be- 
cause of a pulsating effect gained by means of a rotating reflector which 
causes a flashing or periodic peak intensity effect. The light shall be lo- 
cated at any effective point on the forward exterior of the vessel. A shield 
or other device, fixed or movable, to restrict the arc of visibihty may be 
used if desired. 

NOTE: Authority cited: Section 652.5, Harbors and Navigation Code. Reference: 
Sections 650 and 652.5, Harbors and Navigation Code. 

History 

1 . Editorial con-ection of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§ 6592. Sound Level Measuring Instruments. 

Pursuant to the authority provided in Section 654.05(d) of the Harbors 
and Navigation Code, a precision sound level meter which meets the 
Type II requirements of ANSI SI. 4-1 983 (revision of SI. 4-1 971), titled 
"Specification For Sound Level Meters," published in 1983, may be sub- 
stituted for the Type I referred to in the Society of Automotive Engineers 
Technical Report J34 for measuring pleasure motorboat sound levels, 
titled "Exterior Sound Level Measurement Procedure For Pleasure Mo- 
torboats— SAE J34," published in 1973. 

NOTE: Authority cited: Sections 652 and 654.05(d), Harbors and Navigation 
Code. Reference: Sections 652, 654, 654.05 and 654.06, Harbors and Navigation 
Code. 

History 
1 . New section filed 1 1-25-87; operative 12-25-87 (Register 87, No. 49). For his- 
tory of former Secfion 6592, see Register 85, No. 26. 

Article 4.5.1. Boating Safety and 
Enforcement Financial Aid Program 

§ 6593. Short Title. 

This article shall be known and may be cited as the Boating Safety and 
Enforcement Financial Aid Program Regulations under which the De- 
partment of Boating and Waterways may provide State financial aid to 
local agencies' qualified boating safety and enforcement programs pur- 
suant to Section 663.7 of the Harbors and Navigation Code. 
NOTE: Authority cited: Section 663. 7(k), Harbors and Navigation Code. Refer- 
ence: Secfions 650 and 663.7, Harbors and Navigafion Code. 

History 
1. New article 4.5.1 (sections 6593-6593.1 1) and section filed 1-28-2003; opera- 
tive 1-28-2003 pursuant to Government Code section ] 1343.4 (Register 2003, 
No. 5). 

§6593.1. Purpose. 

The purpose of the Boating Safety and Enforcement Financial Aid 
Program is to augment a participating agency's revenues for boating 
safety and enforcement activities when an agency incurs boating safety 
and enforcement program costs that exceed actual vessel taxes received 
by the county for boating safety and enforcement activities. The program 
is not intended to fully fund a participating agency's boating safety and 
enforcement activities, and agency participation in the program is entire- 
ly voluntary. 

NOTE: Authority cited: Section 663. 7(k), Harbors and Navigation Code. Refer- 
ence: Sections 650 and 663.7, Harbors and Navigation Code. 

History 
1. New section filed 1-28-2003; operafive 1-28-2003 pursuant to Govemment 
Code section 11343.4 (Register 2003, No. 5). 

§ 6593.2. Definitions. 

The following definitions shall be used in this article. 



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§ 6593.3 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



(a) "Administrative costs" are the costs incurred by a participating 
agency for indirect services necessary for the operation of a participating 
agency's boating safety and enforcement program. 

(b) "Agency" means a county of the State, or a city, district or other 
pubhc agency within a county, that participates, or applies to participate, 
in the Boating Safety and Enforcement Financial Aid Program. 

(c) "Allowable costs or expenses" means the costs or expenditures 
made by a participating agency that are authorized by the department. 

(d) "Baseline financial aid eligibility allocation" means a participating 
agency's financial eligibility allocation as described in Section 6593.7 of 
this article. 

(e) "Boat patrol" means a boating safety and enforcement unit of quali- 
fied boating safety and enforcement officers (full-time or seasonal). 

(f) "Boating safety and enforcement officer" means trained personnel 
authorized and retained by a participating agency to perform boating 
safety and enforcement activities. 

(g) "Boating safety programs" and "boating safety and enforcement 
programs" are participating agency programs comprised of boating safe- 
ty and enforcement activities. 

(h) "Calendar year" means the period of twelve consecutive months 
that runs from January 1 through December 31 of the same year. 

(i) "Department" means the California Department of Boating and 
Waterways, unless otherwise specified. 

(j) "Equipment" means boating-specific equipment or other support 
equipment used to implement or conduct boating safety and enforcement 
activities. 

(k) "Fiscal year" means the period of twelve consecutive months that 
runs from July 1 of one year through June 30 of the following year. 

(/) "Fringe benefits percent" is the percentage used by the participating 
or applicant agency to estimate the costs of non-salary benefits for an 
employee, such as workers' compensation premiums, retirement con- 
tributions, uniform allowances, insurance, payments made under the 
Federal Insurance Contributions Act, and any other employee benefit ap- 
proved by the department. The percent is expressed as a percentage of di- 
rect salary costs and is calculated by dividing the fringe benefits cost by 
the direct salary cost of an employee. 

(m) "Mid-range or equivalent journeyman level average hourly pay" 
is the average hourly pay for a typical employee of an applicant agency. 
The mid-range is used if there are an odd number of pay steps or an 
equivalent is used if there is an even number of pay steps. An equivalent 
is calculated by averaging the two middle pay steps. 

(n) "Quarter" means a period of three consecutive months during the 
fiscal year. The quarters of the State's fiscal year are comprised of four 
consecutive three-month segments, as noted below. 

(1) Quarter 1 = July 1 through September 30 

(2) Quarter 2 = October 1 through December 3 1 

(3) Quarter 3 = January 1 through March 31, and 

(4) Quarter 4 = April 1 through June 30. 

(o) "Program reduction" means a reduction in a participating agency's 
annual allocation due to insufficient program expenditures as described 
in Section 6593.7 of this article. 

(p) "Unallocated funds" are funds that have not been spent or used by 
participating agencies' boating safety and enforcement programs pur- 
suant to section 6593.7(c) of this article. 

(q) "Vessel taxes received by the county" are funds equal to 100 per- 
cent of the amount received by the county from the share of personal 
property taxes on vessels allocated to the County General Fund for boat- 
ing safety and enforcement activities. 

NOTE: Authority cited: Section 663. 7(k), Harbors and Navigation Code. Refer- 
ence: Sections 650 and 663.7, Harbors and Navigation Code. 

History 

1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government 
Code section 11343.4 (Register 2003, No. 5). 



§ 6593.3. Boating Safety and Enforcement Activities. 

For the purposes of receiving State financial aid under Section 663.7 
of the Harbors and Navigation Code, boating safety and enforceinent ac- 
tivities include: 

(a) Enforcement of State and local laws and regulations for boating ac- 
tivities by means of vessel, foot patrol, motor vehicle, or aircraft. Educat- 
ing the public on State and local laws and regulations is included as en- 
forcement. 

(b) Inspection of vessels for compliance with required safety equip- 
ment, registration requirements, and sanitation and pollution control that 
satisfy the intent of State law. 

(c) Supervision of organized on-the-water boating activities or water 
events that allows for the protection and safety of the boating public dur- 
ing such activities or events. 

(d) Search and rescue operations originating from on-the-water boat- 
ing activities, including the recovery of drowned bodies that are the result 
of boating activities. 

NOTE: Authority cited: Section 663. 7(k), Harbors and Navigation Code. Refer- 
ence: Sections 630 and 663.7, Harbors and Navigation Code. 

History 
1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government 
Code section 1 1343.4 (Register 2003, No. 5). 

§ 6593.4. Eligibility. 

Agencies requesting permission lo participate are entitled to receive 
State financial aid for boating safety and enforcement programs on wa- 
ters under their jurisdiction, provided the following conditions are satis- 
fied: 

(a) An appUcant agency provides a certified copy of the resolution or 
minute order from the county board of supervisors with the application 
for financial aid under the provisions of Section 663.7 of the Harbors and 
Navigation Code. 

(1) In the case of a local government agency within a county, a certi- 
fied copy of the resolution or minute order shall accompany the applica- 
tion for financial aid from that local government entity, as well as a certi- 
fied copy of the resolution or minute order from its county board of 
supervisors, authorizing the agency to participate in the program. 

(2) The resolution or minute order shall: 

(A) Authorize the chairperson, or designated representative, to sign 
the application and contract. 

(B) Authorize the chairperson, or designated agency representative, to 
sign the department's form for each reimbursement claim. 

(C) Authorize the county auditor to certify the amount of prior year 
vessel taxes received by the county. 

(3) The department may deny the application if the applicant agency 
fails to provide the above-referenced information or data. 

(b) An applicant agency submits a completed application that com- 
plies with the requirements of Section 6593.5. 

(c) The county in which an applicant agency resides agrees to spend 
an amount equal to 100 percent of vessel taxes received by the county for 
boating safety and enforcement acfivities prior to the agency receiving 
State financial aid under this program. 

(d) An applicant agency maintains an operational boat patrol while re- 
ceiving State financial aid under this program. 

(e) An applicant agency agrees to comply with the reimbursement pro- 
cess in Section 6593.9. 

(f) An applicant agency agrees to comply with the reporting require- 
ments in SecUon 663.7 of the Harbors and Navigation Code. 

NOTE: Authority cited: Section 663. 7(k), Harbors and Navigation Code. Refer- 
ence: Sections 650 and 663.7, Harbors and Navigation Code. 

History 

1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government 
Code section 11343.4 (Register 2003, No. 5). 



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Title 14 



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§ 6593.7 



§ 6593.5. Application. 

(a) An agency applying for financial aid under the Boating Safety and 
Enforcement Financial Aid Program shall complete an annual applica- 
tion. The annual Boating Safety and Enforcement Financial Aid Program 
application for a county shall accompany all applications from other gov- 
ernmental agencies within the county requesting aid from the depart- 
ment. 

(b) The apphcation shall include, at a minimum, the following esti- 
mates for waterways under the jurisdiction of each applicant agency: 

• Size of waterway(s) (in square miles for lakes and in miles for rivers 
or coastline) 

• Usage of waterway(s) (types of boating activities) 

• Types of patrols (on-water, foot, truck/vehicle, and/or air) 

• Workload seasonality adjustments (unusual increases/decreases in 
staffing) 

• Number of boats on the waterways. 

(c) A participating agency shall submit a completed application to the 
department at least six months prior to the start of the fiscal year for which 
State financial aid is requested. A new applicant agency shall submit a 
completed application to the department at least 14 months prior to the 
start of the fiscal year for which State financial aid is requested. 

(d) Subsequent to the expiration of the filing date, amendments to the 
applications shall be allowed only subject to the approval of the depart- 
ment. 

NOTE: Authority cited: Section 663.7 (k). Harbors and Navigation Code. Refer- 
ence: Sections 650 and 663.7, Harbors and Navigation Code. 

History 
1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government 
Code section 11343.4 (Register 2003, No. 5). 

§ 6593.6. Annual Contract. 

(a) Beginning in fiscal year 2003-04, every participating agency shall 
enter into an annual contract with the department prior to the start of the 
fiscal year. The contract shall indicate, at a minimum, the financial aid 
eligibility allocation amount for the ensuing fiscal year and whether a 
participating agency is to submit reimbursement claims on a monthly or 
quarterly basis. 

(b) The department shall send every participating agency a contract at 

least 90 days prior to the start of the fiscal year. A participating agency 

shall sign and return the contract to the department at least 15 days prior 

to the start of the fiscal year. Failure of a participating agency to sign and 

return the contract 1 5 days prior to the start of the fiscal year may result 

in a participating agency losing its financial aid eligibility allocation for 

that fiscal year. 

NOTE: Authority cited: Section 663.7 (k). Harbors and Navigation Code. Refer- 
ence: Sections 650 and 663.7, Harbors and Navigation Code. 

History 
1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government 
Code section 11343.4 (Register 2003, No. 5). 

§ 6593.7. Financial Eligibility Formula. 

The following formula shall be used for determining annual maximum 
eligibility allocation amounts for a participating agency eligible for State 
financial aid under the Boating Safety and Enforcement Financial Aid 
Program. The State boating safety and enforcement program financial 
eligibility allocation shall include total State boating safety and enforce- 
ment program financial aid for all public entities within a county. 

(a) A county that received an allocation in fiscal year 1996-97 shall 
receive, at a minimum, the amount of the fiscal year 1996-97 allocation, 
unless the county's program has been reduced by the county or the State. 
This fiscal year 1996-97 amount is defined as the baseline State financial 
eligibility allocation. (See Exhibit 1 in Section 6593. 1 1 — Baseline State 
Financial Eligibility Allocations) 

(b) A county that received an allocation subsequent to fiscal year 
1996-97 but prior to fiscal year 2003-04 shall receive, at a minimum, the 
amount of the most recent fiscal year allocation, unless the county's pro- 
gram has been reduced. This amount is also defined as the baseline State 



financial eligibility allocation and is likewise shown in Exhibit 1 in Sec- 
tion 6593.11. 

(c) Beginning with fiscal year 2005-06 and continuing with each fiscal 
year thereafter: 

(1) A participating agency that spends less than its baseline State fi- 
nancial eligibility allocation in both calendar year 2003 and calendar year 
2004 shall have its eligibility allocation reduced in fiscal year 2005-06. 
The reduced eligibility allocation amount shall equal the higher amount 
spent in either calendar year 2003 or calendar year 2004. (See Exhibit 2 
in Section 6593.1 1 — Example of Program Reduction) 

(2) A participating agency that spends less than its baseline State fi- 
nancial eligibility allocation during a calendar year period, in the two 
most recent calendar years, shall have its eligibility allocation reduced in 
the next fiscal year. The revised eligibility allocation amount shall equal 
the higher amount spent during one of the two most recent calendar years. 

(3) Unallocated funds as a result of (1) or (2) shall be reallocated on 
an annual one-time basis to those participating agencies that incurred ex- 
penditures exceeding their basehne eligibility allocations during the 
most recent calendar year. These unallocated funds shall be allocated on 
a prorated basis to participating agencies based on the individual partici- 
pating agency's expenditures that exceeded baseline eligibility alloca- 
tions divided by the total statewide expenditures that exceeded baseline 
eligibility allocations applied to the total statewide unallocated funds. 
Under no circumstances shall a participating agency receive more than 
20 percent of the total funds appropriated to all participating agencies for 
boating safety and enforcement programs. The total amount of funds that 
are reallocated shall not exceed the amount of the total statewide surplus. 
The reallocated funds shall be treated as a one-time reallocation of un- 
spent funds. (See Exhibit 3 in Section 6593.1 1 — Example of Realloca- 
tion of Unspent Funds) 

(d) Beginning with fiscal year 2003-04 and continuing with each fis- 
cal year thereafter, the formula for a new, non-participating applicant 
agency applying to the program shall be as follows, provided that suffi- 
cient funds are appropriated specifically for new agencies: 

Total Estimated Boating Safety and Enforcement Costs 
Less Vessel Taxes Received by the county 
Equals State Financial Eligibility Allocation 

(1) Total Estimated Boating Safety and Enforcement Costs shall be 
based on the estimated work-hours of patrol required for boating safety 
and enforcement activities. Each agency shall justify the estimated num- 
ber of work hours of patrol by documenting various operations data as 
part of the application. 

(2) The number of work hours shall be multiplied by either the 
agency's actual hourly pay of boating safety and enforcement officers, 
or the agency' s mid-range or equivalent (i.e., third of five pay steps) jour- 
neyman level average hourly pay, and either the agency's actual fringe 
benefit percent for boating safety and enforcement officers, or the 
agency ' s customary average fringe benefits percent, to estimate total per- 
sonnel costs. This total personnel costs amount shall be multiplied by 30 
percent to estimate associated operations, maintenance, and equipment 
costs. The sum of total personnel costs, and associated operations, main- 
tenance, and equipment costs, shall equal estimated boating safety and 
enforcement direct costs, which may be increased by up to 5 (five) per- 
cent for allowable administrative costs to determine the total estimated 
boating safety and enforcement costs. These total estimated costs shall 
be offset by the actual prior year vessel taxes received by the county to 
determine the net amount of State financial eligibility allocation. (See 
Exhibit 4 in Section 6593.1 1 — Example of New Program Calculation) 

(3) Each agency applying for financial aid under this section shall sub- 
mit documentation supporting its calculations as requested by the depart- 
ment. The first-year eligibility allocation for any new agency applying 
to the program shall be considered that agency's baseline State financial 
eligibility allocation. 

(e) Beginning with fiscal year 2004-05 and continuing with each fiscal 
year thereafter, a participating agency that demonstrates that its expendi- 
tures exceed its baseline State financial eligibility allocations may be eli- 



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§ 6593.8 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



gible for any additional funds appropriated for expansion of existing par- 
ticipating agencies' boating safety and enforcement programs. Any 
additional funds allocated to a participating agency under this subsection 
shall be treated as a program increase to the participating agency's base- 
line State financial eligibility allocation. 

(f) Beginning with fiscal year 2004-05 and continuing with each fiscal 
year thereafter, if funds budgeted for the boating safety and enforcement 
program are less than the sum of the prior year's individual participating 
agency allocations, each individual participating agency may have its eli- 
gibility allocation reduced in proportion to the overall program shortfall. 
(See Exhibit 5 in Section 6593.1 1 — Example of Fund Shorrfall Calcula- 
tion) 

NOTE: Authority cited: Section 663.7 (c). Harbors and Navigation Code. Refer- 
ence; Sections 650 and 663.7, Harbors and Navigation Code. 

History 

1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government 
Code section 1 1343.4 (Register 2003, No. 5). 

§ 6593.8. Allowable and Non-Allowable Costs. 

Beginning in fiscal year 2003-04, all program expenditures under this 
program shall be spent on personnel and operations, maintenance, and 
equipment that are used by a participating agency's boat patrol when 
conducting boating safety and enforcement acnvities. and administrative 
costs attributable to a participating agency's boating safety and enforce- 
ment program. All program expenditures, including those made with 
vessel taxes received by the county, shall comply with the requirements 
of this section. 

(a) The following are allowable costs under the program: 

(1) Personnel costs of boating safety and enforcement officers, includ- 
ing, but not limited to, salaries, wages, overtime and holiday pay, differ- 
ential pay, on-call pay, workers' compensation premiums, retirement 
contributions, uniform allowances, insurance, payments made under the 
Federal Insurance Contributions Act, and any other employee benefit ap- 
proved by the department. 

(2) Operations, maintenance, and equipment costs, including, but not 
limited to, fuel; vessel, vessel trailer and equipment repair; storage of 
vessels, vessel trailers and equipment; vehicle mileage for vehicles used 
to tow vessels; hull insurance for vessels; communications equipment for 
items to be attached or mounted to a vessel or vehicle; per diem and other 
costs associated with non-POST (California Commission on Peace Offi- 
cer Standards and Training) boating safety and enforcement training; per 
diem costs associated with overnight boating safety and enforcement as- 
signments that occur at least 50 miles from the main headquarters; dive 
gear; utilities (including gas, electricity, water, land-based telephone 
service, and propane charges), office rental and leases, and office equip- 
ment for a boat patrol office located in a geographically separate location 
than the main headquarters; prorated share of vehicle and aircraft leases; 
and miscellaneous boating equipment. 

(3) Administrative costs attributable to a participating agency's boat- 
ing safety and enforcement program provided such administrative costs 
are not more than five percent of the total allowable direct program costs. 

(4) A participating agency shall provide written justification and ob- 
tain prior written approval from the department in order to be reimbursed 
for the following costs: 

(A) Purchase of communications equipment or the rental or leasing of 
office space. 

(B) Any non-POST training course that an employee of a participating 
agency plans to attend. 

(C) Prorated share of leased vehicles and aircraft. 

(D) Out-of-state travel. 

(b) The following are not allowable costs under the program: 

(1) Any cost, either in its entirety or a prorated share, not associated 
with a participating agency's boating safety and enforcement program. 

(2) The purchase of any type of vessel, vessel trailer, vehicle, or air- 
craft with State funds. Note: the department administers a financial assis- 
tance program for purchase of vessels outside of the boating safety and 
enforcement program. A participating agency may use vessel taxes re- 



ceived by the county for the purchase, or a prorated share of the purchase, 
of any type of vessel, vessel trailer, vehicle, or aircraft provided such 
equipment is dedicated solely, or on a prorated basis, for boating safety 
and enforcement activities. 

(3) The general costs necessary in employing, outfitting with weap- 
ons, and training personnel in accordance with prescribed statutes affect- 
ing peace officers, including, but not limited to, drug screening tests, 
background checks, psychological testing, fingerprinting fees, law en- 
forcement training unrelated to boating safety and enforcement activi- 
ties, and training in weaponry. 

(4) One-time payments for vacation, sick leave, or compensation time 
off in lieu of overtime due to separation or medical causes. 

(5) Any administrative or overhead costs that exceed five percent of 
the total allowable direct program costs of a participating agency's boat- 
ing safety and enforcement program. 

NOTE: Authority cited: Section 663.7 (k), Harbors and Navigation Code. Refer- 
ence: Sections 650 and 663.7, Harbors and Navigation Code. 

History 

1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government 
Code section 1 1343.4 (Register 2003, No. 5). 

§ 6593.9. Reimbursement Procedures. 

Beginning in fiscal year 2003-04, the following procedures shall be 
used to reimburse a participating agency for allowable expenditures un- 
der the Boating Safety and Enforcement Financial Aid Program. A par- 
ticipating agency may only receive State reimbursement under this pro- 
gram when actual allowable expenditures on boating safety and 
enforcement activities exceed actual prior year vessel taxes received by 
the county. 

(a) The department shall provide financial aid, under Section 663.7 of 
the Harbors and Navigation Code, in the form of reimbursements to cov- 
er the costs incurred by a participating agency for boating safety and en- 
forcement activities that exceed vessel taxes received by the county, up 
to the participating agency's State financial eligibility allocation amount. 
Reimbursements shall equal the actual amount of allowable costs in- 
curred by a participating agency over and above the actual prior year ves- 
sel taxes received by the county, up to the State financial eligibility al- 
location amount. 

(b) A participating agency shall submit claims to the department for 
the purpose of reimbursement under this program. Claims may be sub- 
mitted by a participating agency on a monthly or quarterly basis as speci- 
fied in the annual contract. A participating agency shall submit claims in- 
dicating actual costs incurred during the month or quarter and total 
year-to-date actual costs. Claims shall be submitted irrespective of 
whether State financial aid is reimbursed to the participating agency dur- 
ing the month or quarter. 

(c) Personnel costs shall be reimbursed based on the actual number of 
hours spent on boating safety and enforcement activities, including 
associated sick leave, vacation, and compensatory time off, during the 
month or quarter by each boating safety and enforcement officer of the 
participating agency. Actual hours, and associated sick leave, vacation, 
and compensatory time off, for each boating safety and enforcement offi- 
cer shall be multiplied by the boating safety and enforcement officer's 
hourly pay to determine direct salary costs. Direct salary costs are multi- 
plied by the participating agency's customary average fringe benefits 
percent to determine total personnel costs. 

(d) Associated operations, maintenance, and equipment costs shall be 
reimbursed based on actual costs. 

(e) Administrative costs attributable to a participating agency's boat- 
ing safety and enforcement program may either be directly identified or 
indirectly allocated to the program. 

( 1 ) Administrative personnel costs directly identified to a participating 
agency's boating safety and enforcement program shall be reimbursed 
based on the actual number of hours spent on administrative activities re- 
lated to boating safety and enforcement activities during the month or 
quarter. Actual hours for each administrative staff shall be multiplied by 
the staffs hourly pay to determine administrafive salary costs. Adminis- 



Page 484.2 



Register 2003, No. 5; 1-31-2003 



Title 14 



Department of Boating and Waterways 



§ 6593.11 



• 



trative salary costs are multiplied by the participating agency's custom- 
ary average fringe benefits percent to determine administrative person- 
nel costs. 

(2) Administrative costs that are not readily assignable to a participat- 
ing agency's boating safety and enforcement program, but are necessary 
for the operation of the participating agency, shall be identified through 
the use of an Indirect Cost Rate Proposal (ICRP), a formal allocation 
method. It is recommended but not required that participating agencies 
using this indirect method obtain the following federal publication: Of- 
fice of Management and Budget (0MB) Circular A-87, "Cost Principles 
for State, Local, and Indian Tribal Governments." This publication ex- 
plains how indirect costs may be handled. This publication is available 
from the department. 

(f) Year-to-date allowable costs shall be offset by annual actual prior 
year vessel taxes received by the county and year-to-date State financial 
aid reimbursements to determine the amount of State financial aid on a 
claim. If actual prior year vessel taxes received by the county have not 
been expended on boating safety and enforcement activities, a participat- 
ing agency shall not receive State financial aid during that month or quar- 
ter. 

(g) The department shall conduct a review of each claim for accuracy, 
completeness, and applicability to the program. The department may re- 
quest additional supporting information from a participating agency for 
justification of expenditures prior to approving a participating agency's 
claim. Claims that result in reimbursement to a participating agency shall 
be forwarded to the State Controller's Office for payment once the de- 
partment has completed the review and approved the claim for payment. 

(h) Any expenditure omitted by a participating agency from a claim 
for State financial aid may be submitted by a participating agency for re- 
imbursement with any succeeding claim within 60 days following the 
last day of the fiscal year. 

(1) The issue date of a purchase order, invoice date, or day in which 
the hours were worked determines the fiscal year in which expenditures 
occur for the purposes of submitting claims. Date of payment, date re- 
ceived, shipping date, and date of invoice received are not factors in de- 
termining the fiscal year in which expenditure is made. 

(2) If the cost of utilities overlaps fiscal years, the total cost may be 
claimed in either fiscal year. 

(i) Claims for reimbursement for State financial aid shall be submitted 
within 60 days following the last day of the monthly or quarterly report- 
ing period. The department may reduce a participating agency's total 
State financial aid allocation by five percent if the participating agency 
exceeds the sixty-day billing period and an additional five percent for ev- 
ery thirty-day period thereafter that the participating agency is late in fil- 
ing a claim for State financial aid. 

NOTE: Authority cited: Section 663.7(k), Harbors and Navigation Code. Refer- 
ence: Sections 650 and 663.7, Harbors and Navigation Code. 

History 

1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government 
Code section 11343.4 (Register 2003, No. 5). 

§6593.10. Audits and Appeals. 

(a) The department shall maintain adequate controls to ensure respon- 
sibility and accountability for the expenditure of State funds. The depart- 
ment may conduct periodic systematic audits of a participating agency 
in order to determine whether an agency is in compliance with State law 
and the claims submitted by a participating agency accurately represent 
the amount due the agency under the Boafing Safety and Enforcement Fi- 
nancial Aid Program. 

(b) The department shall notify a participafing agency in writing at 
least one week in advance of all scheduled audits. 



(c) A participafing agency shall make records available for review to 
the department or its representatives. A participafing agency shall main- 
tain records deemed necessary by the department for a minimum of five 
years and shall include, at a minimum, supporting documentation for any 
claims for reimbursement by the parficipafing agency. Such records shall 
include actual hours spent on the program (including the name and classi- 
ficafion of each employee and the specific boating safety and enforce- 
ment acuvity for which the hours relate), documents supporfing the actu- 
al salaries used to determine personnel costs, documents supporting the 
parficipating agency's customary fringe benefits percentage, receipts for 
associated operations, maintenance, and equipment costs, equipment 
maintenance and repair reports, current equipment inventory report, doc- 
umentafion supporting actual vessel taxes received by the county, and 
other applicable documentaUon as requested by the Department. 

(d) The audit shall include an evaluafion of the accounfing and control 
systems of the parficipating agency. 

(e) If the department conducts an audit of a participating agency, the 
department shall issue an audit report to the participating agency. The au- 
dit report shall include a descripfion of how the audit was performed and 
a summary of audit excepfions and management improvement recom- 
mendations. If applicable, a correcfion plan shall be discussed with the 
participating agency describing the specific actions that are recom- 
mended to be taken, or that have been taken, to correct the deficiencies 
identified by the department. Future State financial aid payments may be 
withheld from the participafing agency until the deficiencies have been 
corrected. 

(f) When an audit indicates that a participating agency has claimed and 
received payments from the department under this program to which it 
is not enfiUed, the participating agency shall pay, in addition to that por- 
tion of the claim that was improperly claimed, interest on the amount of 
overpayment from the date in which the amount was improperiy claimed 
to the next claim. The overpayment, plus interest, may be repaid through 
a reduction to the next claim for State financial aid. The interest rate shall 
equal the monthly average rate received on investments in the State Sur- 
plus Money Investment Fund. 

(g) When it is established that a participating agency fraudulently 
clairhed and received payments under this program, the participating 
agency shall pay, in addition to that portion of the claim that was improp- 
erly claimed, a penalty of 300 percent of the amount improperly claimed. 
Payments due from a participating agency may be recovered through an 
offset to the next claim(s) for State financial aid. 

(h) A parficipating agency has the right to appeal the findings of any 
audit to the director of the department in writing within 90 days after 
complefion of the audit report. The participating agency shall include in 
the written appeal a description of the items in quesfion and the partici- 
pating agency's reason for the appeal. The appeal process shall com- 
mence with a conference between a representative of the department and 
the parficipafing agency to review the items in quesfion. If the appeal is 
not resolved to the parficipating agency's safisfaction, the participating 
agency may request that the matter be reviewed through a formal hearing 
conducted in accordance with Government Code Section 1 1500 et seq. 
NOTE; Authority cited: Section 663.7 (k). Harbors and Navigation Code. Refer- 
ence: Sections 650 and 663.7, Harbors and Navigation Code. 

History 

1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government 
Code section 1 1343.4 (Register 2003, No. 5). 



§6593.11. Exhibits. 

This secfion contains the Exhibits referenced in Section 6593.7. 



• 



Page 484.3 



Register 2003, No. 5; 1-31-2003 



§ 6593.11 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



Exhibit 1 — Baseline State Financial Elieibility Allocations 









Allocation 






FY 1996-97 




Subsequent to 


Basebne State 




State Financial 


Subsequent 


FY 1996-97 but 


Financial 




Eligibility 


Program 


Prior to FY 


Eligibility 


County 


Allocation 


Reductions 


2003-04 


Allocation 


1. Amador County 


$95,781 






$95,781 


2. Butte County 






$148,069 


148,069 


3. Calaveras County 


159,868 






159.868 


4. Colusa County 


96,091 






96.091 


5. Contra Costa County 


379,713 






379.713 


6. Del Norte County 


130,775 






130,775 


7. El Dorado County 


309,479 






309,479 


8. Fresno County 


356,210 






356,210 


9. Glenn County 


108,111 






108,111 


10. Humboldt County 


110,313 






110.313 


1 1 . Imperial County 


223,536 






223,536 


12. Kings County 






67,428 


67,428 


13. Lake County 


271,380 






271.380 


14. Lassen County 


91,912 






91,912 


15. Los Angeles County 


1,500,000 






1,500,000 


16. Mariposa County 


213,873 






213,873 


17. Mono County 


101,444 






101,444 


18. Napa County 


246,087 






246,087 


19. Nevada County 


83,243 






83,243 


20. Placer County 


52,916 






52.916 


21. Plumas County 


118,687 






118.687 


22. Sacramento County 






370.000 


370,000 


23. San Bernardino County 






190,000 


190.000 


24. San Joaquin County 


376,279 






376.279 


25. Shasta County 


523,567 






523.567 


26. Sierra County 


57,088 






57,088 


27. SiskJou County 


71,489 






71,489 


28. Solano County 


232,444 






232,444 


29. Sonoma County 


263,226 






263,226 


30. Sutter County 


167,584 






167,584 


31. Tehama County 


120,000 






120,000 


32. Trinity County 


106,714 






106,714 


33. Tulare County 


174,132 






174,132 


34. Tuolumne County 


215,880 






215,880 


35. Yolo County 


225,776 






225,776 


36. Yuba County 


140,905 






140,905 


Total 


$7,324,503 


$0 


$775,497 


$8,100,000 




Exhibit 2 - 


- Example of Program Reduction 








Agency A' 




Agency B 


Baseline State Financial Eligibility Aliocat 


ion (SFEA) - FY 2004-05 


$100,000 




$100,000 


Calendar Year 2003 Expenditures 




90,000 




95,000 


Calendar Year 2004 Expenditures 




95,000 




90,000 


FY 2005-06 SFEA 




95,000 




95,000 



Exhibit 3 — Example of Reallocation of Unspent Funds 

Rest of 
Agency C Agencies 



Baseline State Financial Eligibility Allocation (SFEA) - FY 2004-05 

Calendar Year 2004 Deficit 

Percent of Statewide Deficit 

Unallocated Funds 

Reallocation of Funds 

FY 2005-06 SFEA 

Calendar Year 2005 Deficit 

Percent of Statewide Deficit 

Unallocated Funds 

Reallocation of Funds 

FY 2006-07 SFEA 



Total 



$100,000 


$8,000,000 


$8,100,000 


-10,000 


-390,000 


-400.000 


2.5% 


97.5% 


100% 




100,000 


100,000 


2.500 


97.500 


100.000 


$102,500 


$7,997,500 


$8,100,000 


-10,000 


-90,000 


-100,000 


10.0% 


90.0% 


100% 




10,000 


10,000 


1.000 


9.000 


10.000 


$101,000 


$7,999,000 


$8,100,000 



Page 484.4 



Register 2003, No. 5; 1-31-2003 



Title 14 



Department of Boating and Waterways 



§6595 



Provided by Agency 
Provided by Agency 
Provided by Agency 

Product of Lines 1-3 
Determined by DBW 

Line 4 times Line 5 

Line 4 plus Line 6 
Line 7 times 5% 
Line 7 plus Line 8 

Provided by Agency 



Exhibit 4 — Example of New Program Calculation 

Total Estimated Boating Safety^ and Enforcement Costs 

1. Estimated Work Hours 

2. Hourly Pay 

3. Fringe Benefits Percent 

4. Total Personnel Costs 

5. Associated Operations, Maintenance & Equipment Ratio 

6. Associated Operations, Maintenance & Equipment Costs 

7. Estimated Boating Safety and Enforcement Direct Costs 

8. Maximum Allowable Administrative Costs 

9. Total Estimated Boating Safety and Enforcement Costs 

Less Vessel Taxes Received by the county 

FY 2003-04 Baseline State Financial Eligibility Allocation 



1,300 

$25.00 

33% 



$43,225 
30% 

$12,968 

$56,193 

$2,810 

$59,003 

(9,003) 
$50,000 



Participating Agency 

1 . Amador County 

2. Butte County 

3. Calaveras County 

4. Colusa County 

5. Contra Costa County 

6. Del Norte County 

7. El Dorado County 

8. Fresno County 

9. Glenn County 

10. Humboldt County 

11. Imperial County 

12. Kings County 

13. Lake County 

14. Lassen County 

15. Los Angeles County 

16. Mariposa County 

17. Mono County 

18. Napa County 

19. Nevada County 

20. Placer County 

21. Plumas County 

22. Sacramento County 

23. San Bernardino County 

24. San Joaquin County 

25. Shasta County 

26. Sierra County 

27. Siskiou County 

28. Solano County 

29. Sonoma County 

30. So. Lake Tahoe City 

31. Suisun City 

32. Sutter County 

33. Tehama County 

34. Trinity County 

35. Tulare County 

36. Tuolumne County 

37. Yolo County 

38. Yuba County 
Total 

Amount in Fund for FY 2004-05 
FY 2004-05 Shonfall 



NOTE: Authority cited: Section 663.7(k), Harbors and Navigation Code. Refer- 
ence: Sections 650 and 663.7, Harbors and Navigation Code. 

History 

1. New section filed 1-28-2003; operative 1-28-2003 pursuant to Government 
Code section 1 1343.4 (Register 2003, No. 5). 



Exhibit 5 — Example oj 


Baseline State 




Financial 




Eligibility 




Allocation 


Percent of 


(SFEA) 


Baseline SFEA 


$95,781 


1.2% 


148,069 


1.8% 


159,868 


2.0% 


96,091 


1.2% 


379,713 


4.7% 


130,775 


1.6% 


261,766 


3.2% 


356,210 


4.4% 


108,111 


1.3% 


110,313 


1.4% 


223,536 


2.8% 


67,428 


0.8% 


271,380 


3.4% 


91,912 


1.1% 


1,500,000 


18.5% 


213,873 


2.6% 


101,444 


1.3% 


246,087 


3.0% 


83,243 


1.0% 


52,916 


0.7% 


118,687 


1.5% 


370,000 


4.6% 


190,000 


2.3% 


376,279 


4.6% 


523,567 


6.5% 


57,088 


0.7% 


71,489 


0.9% 


193,103 


2.4% 


263,226 


3.2% 


47,713 


0.6% 


39,341 


0.5% 


167,584 


2.1% 


120,000 


1.5% 


106,714 


1.3% 


174,132 


2.1% 


215,880 


2.7% 


225,776 


2.8% 


140,905 


1.7% 


$8,100,000 


100.0% 


$7,500,000 




$600,000 





State Financial 


FY 2004-05 


Eligibility 


State Financial 


Allocation 


Eligibility 


Reduction 


Allocation 


$7,200 


$88,581 


10,800 


137,269 


12,000 


147,868 


7,200 


88,891 


28,200 


351,513 


9,600 


121,175. 


19,200 


242,566 


26,400 


329,810 


7,800 


100,311 


8,400 


101,913 


16,800 


206,736 


4,800 


62,628 


20,400 


250,980 


6,600 


85,312 


111,000 


1,389,000 


15,600 


198,273 


7,800 


93,644 


18,000 


228,087 


6,000 


77,243 


4,200 


48,716 


9,000 


109,687 


27,600 


342.400 


13,800 


176,200 . 


27,600 


348,679 


39,000 


484,567 


4,200 


52,888 


5,400 


66,089 


14,400 


178,703 


19,200 


244,026 


3,600 


44,113 


3,000 


36,341 


12,600 


154,984 


9,000 


111,000 


7,800 


98,914 


12,600 


161,532 


16,200 


199,680 


16,800 


208,976 


10,200 


130,705 


$600,000 


$7,500,000 


Article 4.6. I 


i/lulti~Jurisdic 



Restrictions 



6595. 



Prohibition of Watercraft Powered by Certain 
Sparl<-lgnition Two-Stroke Engines. 

Commencing October 4, 2001 , the operation of all two-stroke-en- 
gine-powered watercraft on Lake Tahoe, Cascade Lake, Fallen Leaf 



Page 484.5 



Register 2003, No. 18; 5-2-2003 



§6600 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



Lake and Echo Lake, is prohibited, except watercraft powered by a two- 
stroke-poweved engine whose engine is certified and labeled as meeting 
either of the following pollution air emissions standards: 

(a) the 2006 or later model year United States Environmental Protec- 
tion emissions standards, as specified in Title 40, Code of Federal Regu- 
lations, Part 91, or 

(b) the 2001 or later California Air Resources Board emissions stan- 
dard, as specified in Title 13, California Code of Regulations, Chapter 9, 
Sections 2440 et seq. 

NOTE: Authority cited: Section 660(b), Harbors and Navigation Code. Reference: 
Section 660(b), Harbors and Navigation Code. 

History 
\. New article 4.6 (section 6595) and section filed 10-4-2001; operative 

10^1-2001 pursuant to Government Code section 11343. 4 (Register 2001 , No. 

40). 



Article 5. Pilot Rules and Rules of the Road 



§ 6600. Purpose. 

Note.- Authority cited: Section 655.3, Harbors and Navigation Code. Reference: 
Sections 650 and 655.3, Harbors and Navigation Code. 

History 

1. Repealer of Sections 6600 through 6602, 6604 through 6623. 6625 through 
6679, 6683 through 6696, and new Sections 6600 through 6602, 6604 through 
6623, 6625 thiough 6679, 6683 through 6691 , 6694 through 6696, and amend- 
ment of Section 6680 filed 5-1 1-71; effective thirtieth day thereafter (Register 
71, No. 20). For prior history, see Registers 60, No. 13; 65, No. 13; 67, Nos. 30 
and 48; 68, Nos. 24 and 48; 69, No. 50. 

2. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

3. Amendment filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 
11). 

4. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26). 



§ 6600.1 . Incorporation by Reference. 

(a) The following rules of the road and pilot rules promulgated by the 
United States Coast Guard are incorporated by reference. Copies may be 
obtained from sources indicated. They are also available for inspection 
at the Department of Boating and Waterways, and Archives, Secretary 
of State, 1020 "O" Street, Sacramento, California 95814. 

(1) SUBCHAPTER D— International Navigation Rules, Title 33, 
Code of Federal Regulations, Part 81-72 COLREGS: IMPLEMENT- 
ING RULES and Appendix A — Proclamation of January 19, 1977, and 
72 COLREGS. 

(2) SUBCHAPTER E— Inland Navigation Rules, Title 33 Code of 
Federal Regulations, Part 84, Part 85, Part 86, Part 87, Part 88, and Part 
89. 

(3) Public Law 96-591, December 24, 1980, known as the INLAND 
NAVIGATION RULES ACT OF 1980, Section 33, United States Code 
2001. 

(4) Subsequent modifications, amendments, and/or changes, to feder- 
al regulations pertaining to rules of the road and pilot rules shall be effec- 
tive in this section upon adoption. 

Note: These regulations and statutes are published by the U.S. Coast Guard in 
NAVIGATION RULES INTERNATIONAL— INLAND (COMMANDANT IN- 
STRUCTION Ml 6672.2. (Series.)) The public may purchase copies of this pam- 
phlet from the Government Prinfing Office Bookstore, ARCO Plaza Level C, 505 
South Rower, Los Angeles, CA 90071. Telephone (213) 239-9844 for cost and 
availability of this pamphlet. 

NOTE; Authority cited: Section 655.3, Harbors and Navigation Code. Reference: 
Sections 650 and 655.3, Harbors and Navigation Code. 

History 

1. New secUon filed 3-15-85; effecfive thirtieth day thereafter (Register 85, No. 
11). 

2. Change without regulatory effect amending subsections (a) and (a)(4) filed 
4-30-2003 pursuant to secfion 100, title 1, California Code of Regulations 
(Register 2003, No. 18). 



§ 6601 . Invalidity of Provision or of Application to 
Particular Person or Circumstance. 

If any provision of this article, or its application to any person or cir- 
cumstances, is held invalid the remainder of this article, and the applica- 
tion of its provisions to any other person or circumstance, is not affected. 
NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: 
Sections 650 and 655.3, Harbors and Navigation Code. 

History 
1. Editorial conection of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§ 6602. Definitions. 

NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: 
Sections 650 and 655.3, Harbors and Navigation Code. 

History 

1 . Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 
5). 

3. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). 

§ 6604. Maneuvering and Warning Signals. 

Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: 
Sections 650 and 655.3, Harbors and Navigation Code. 

History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 
5). 

3. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). 

§ 6605. Sound Signal— One Short Blast. 

History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6606. Sound Signal— Two Short Blasts. 

History 
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6607. Sound Signal— Three Short Blasts. 

History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6608. Cross Signals — Forbidden. 

NotE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: 
Secfion 655.3, Harbors and Navigation Code. 

History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Repealer filed 3-15-85; effecfive thirtieth day thereafter (Register 85, No. II). 

§ 6609. Sound Signals in Restricted Visibility. 

NotE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: 
Sections 650 and 655.3, Harbors and Navigation Code. 

History 

1. Amendment filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 
5). 

2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 1 1). 

§ 6610. Sound Signal — Reduced Visibility — Power Driven 
Vessel Underway. 

History 

1. Amendment fi^led 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 661 1 . Sound Signal — Reduced Visibility — Power Driven 
Vessel Towing. 

History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6612. Sound Signal — Reduced Visibility — Vessel Towed. 

History 
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 



Page 484.6 



Register 2003, No. 18; 5-2-2003 



Title 14 



Department of Boating and Waterways 



§ 6618.1 



§ 6613. Sound Signal— Reduced Visibility— Sail Vessel 
Underway. 

History 
1 . Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83. No. 5). 

§6614. Application. 

NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: 
Sections 650 and 655.3, Harbors and Navigation Code. 

History 

1. Amendment filed 1-28-83; effective thiitieth day thereafter (Register 83, No. 
5). 

2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 1 1). 

§6615. Safe Speed. 

NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: 
Sections 650 and 655.3, Harbors and Navigation Code. 

History 

1. Amendment filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 
5). 

2. Editorial coirection of NOTE filed 10-1 1-85 (Register 85, No. 41). 

3. Repealer filed 7-24-96; operative 8-23-96 (Register 96, No. 30). 



§ 6616. Reduced Visibility — Fog Signal Forward of Beam. 

History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6617. Sound Signals — Reduced Visibility — Vessel at 
Anchor. 

History 
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§6618. Risk of Collision. 

NotE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: 
Sections 650 and 655.3, Harbors and Navigation Code. 

History 

1. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 
5). 

2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). 

§ 661 8.1 . Action to Avoid Collision. 

NoTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: 
Sections 650 and 655.3, Harbors and Navigation Code. 



[The next page is 485.] 



Page 484.7 



Register 2003, No. 18; 5-2-2003 



Title 14 



Department of Boating and Waterways 



§6631 



History § 6625. Action by Give-Way Vessel. 

1 . New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: 
^)- Sections 650 and 655.3, Harbors and Navigation Code. 

2. Repealer filed 3-1 5-85; effective thirtieth day thereafter (Register 85, No. 1 1). HISTORY 

1 . Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 

§6619. Responsibilities Between Vessels. ^^■ 

NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: -■ Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). 
Sections 650 and 655.3, Harbors and Navigation Code. 

History § 6626. Steering and Sailing Rules — Vessels Passing Each 

1 . Amendment filed 1-1 8-77; effective thirtieth day thereafter (Register 77, No. Other. 

4)- History 

2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 1. Amendment filed 1-1 8-77; effective thirtieth day thereafter (Register 77, No. 

5). 4). 

3. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). 2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§6619.1. Vessel Traffic Services. §6627. Head-On Situation. 

NOTE: Authority cited: Section 655.3, Harbors and Navication Code. Reference: ^OTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: 

Sections 650 and 655.3, Harbors and Navigation Code. ^ Sections 650 and 655.3, Harbors and Navigation Code. 

History History 

1 , New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. ' ■ Amendment filed 1-1 8-77; effective thirtieth day thereafter (Register 77, No. 

5). 



4). 



2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). 
§ 6619.2. Conduct of Vessels in Sight of One Another. 

NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: 
Sections 650 and 655.3, Harbors and Navigation Code. 

History 

1 . New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 
5). 

2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). 

§ 6620. Sailing Vessels. 



2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 

5). 

3. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). 

§ 6628. Overtaking. 

NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: 
Sections 650 and 655.3, Harbors and Navigation Code. 

History 

1 . Amendment filed 1-1 8-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 

5). 

NotE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: 3. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). 
Sections 650 and 655.3, Harbors and Navigation Code. 

History § 6629. Crossing Situation. 

1. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: 
5). Sections 650 and 655.3, Harbors and Navigation Code. 

2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). HISTORY 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 

§6621. Steering and Sailing Rules — Meeting of Power ^^ 

Driven Vessels and Sailina Vessels ^- Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 

^ ■ 5). 

^, ,, ,„„ ,, ^''^^?'^^ , _, , r .r. ■ ^^ XT 3. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 

"^^ § 6629.1 . Action by Stand-On Vessel. 

2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). ^OTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: 

Sections 650 and 655.3, Harbors and Navigation Code. 



§ 6622. Steering and Sailing Rules — Danger Signal. 

History 

1. Amendment filed 1-18-77; effecfive thirtieth day thereafter (Register 77, No. 
4). 

2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6623. Steering and Sailing Rules — Signals Only When in 
Sight. 

History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 



History 

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 
5). 

2. Repealer filed 3-1 5-85; effecfive thirtieth day thereafter (Register 85, No. 11). 

§ 6630. Steering and Sailing Rules — Vessels Nearing Bend 
or Curve in Channel; Moving from Docks. 

History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
2). 

2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 



§ 6630.1 . Conduct of Vessels in Restricted Visibility. 

NOTE; Authority cited: Secfion 655.3, Harbors and Navigation Code. Reference: 
Sections 650 and 655.3, Harbors and Navigation Code. 

History 

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 

5). 

2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). 



§ 6624. Narrow Channels. 

NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: 
Sections 650 and 655.3, Harbors and Navigation Code. 

History 

1. Amendment filed 7-28-67; effective thirtieth day thereafter (Register 67, No. 
30). 

2. Amendment filed 12-1 1-69; effective thirtieth day thereafter (Register 69, No. § 6631 . Responsibility. 

'' NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: 

3. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. Sections 650 and 655.3, Harbors and Navigation Code. 

^^- History 

4. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 1. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 
5). 5). 

5. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). 2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). 



Page 485 



Register 96, Nos. 30-31; 8-2-96 



§6632 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



§ 6642. Passing Floating Plant — Speed of Vessels Passing 
Floating Plant Working in Channels. 

History 
] . Repealer filed 1-28-83; effective thiilieth day thereafter (Register 83, No. 5). 

§ 6643. Passing Floating Plant— Light-Draft Vessels 
Passing Floating Plant. 

History 
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6644. Passing Floating Plant — Aids to Navigation 
Marking Floating-Plant Moorings. 

History 
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6645. Passing Floating Plant — Obstruction of Channel by 
Floating Plant. 

History 

1 . Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6646. Passing Floating Plant — Clearing of Channels. 

History 
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6647. Passing Floating Plant — Protection of Marks 
Placed for the Guidance of Floating Plant. 

History 
1 . Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6648. Lights and Shapes — Application. 

NOTE; Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. 
Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code. 

History 

the Bottom or Partly Submerged, or Which May l. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 



§ 6632. Steering and Sailing Rules — Passing Floating 

Plant Working in Navigable Channels — Passing 
Signals. 

History 
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6633. Copy of Rules. 

NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: 
Sections 650 and 655.3, Harbors and Navigation Code. 

History 

1 . Amendment filed 10-31-83; effective thirtieth day thereafter (Register 83. No. 
45). 

2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 1 1 ). 

§ 6634. Day Signals and Day Marks — Vessels over 65 Feet 
in Length Moored or at Anchor. 

History 
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6635. Day Signals and Day Marks— Signals to Be 

Displayed by a Towing Vessel When Towing a 
Sut>merged or Partly Submerged Object upon 
a Hawser When No Signals Can Be Displayed 
upon the Object Which Is Towed. 
History 

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6636. Day Signals and Day Marks — Power Driven 

Vessels, Derrick Boats, Lighters, or Other 
Types of Vessels Made Fast Alongside a 
Wreck, or Moored over a Wreck Which Is on 



4). 

2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 
5). 

3. New subsection (f) filed 10-31-83; effective thirtieth day thereafter (Register 
83, No. 45). 

4. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 1 1). 

§ 6648.1. Running Lights — Vessels — When Operating on 
"Inland Waters." 

NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. 
Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code. 

History 

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 
5). 

2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). 

§ 6648.2. Running Lights — Vessels — When Operating on 
"Inland Waters" — Visibility of Lights. 

NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. 
1 . Repealer filed 1-23-83; effective thirtieth day thereafter (Register 83, No. 5). Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code. 

History 

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 
5). 

2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). 



Be Drifting. 

History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6637. Day Signals and Day Marks— Dredges Held in 
Stationary Position by Moorings or Spuds. 

History 

1. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5). 

2. Editorial correction deleting repealed text pursuant to 1-28-83 order filed 
4-12-84 (Register 84, No. 15). 

§ 6638. Day Signals and Day Marks — Self-Propeliing 

Suction Dredges Underway and Engaged in 
Dredging Operations. 

History 



§ 6639. Day Signals and Day Marks — Vessels Moored or 
Anchored and Engaged in Laying Cables or 
Pipe, Submarine Construction, Excavation, 
Matsinking, Bank Grading, Dike Construction, 
Revetment, or Other Bank Protection 
Operations. 

History 

1. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5). 

§ 6640. Day Signals and Day Marks — Day Marks for 
Fishing Vessels with Gear Out. 

History 
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6641. Passing U.S. Coast Guard Vessel Handling or 
Servicing Aid to Navigation. 

History 
1. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5). 



§ 6648.3. Positioning and Technical Details of Lights and 
Shapes. 

NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. 
Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code. 

History 

1 . New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 
5). 

2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 1 1). 

§ 6648.4. Additional Signals for Fishing Vessels Fishing in 
Close Proximity. 

NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. 
Reference: Sections 650, 652 and 655.3, Harbors and Navigafion Code. 

History 
1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83. No. 

5). 



Page 486 



Register 96, Nos. 30-31; 8-2-96 



Title 14 



Department of Boating and Waterways 



§6654 



2. Repealer filed 3-15-85;effective thirtieth day thereafter (Register 85, No. 11). 2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). 

§ 6649. Running Lights— Vessels— When Operating on § 6649.7. Running Lights— Seaplanes— When Operating 
"Inland Waters"— Power-Driven Vessels on "Inland Waters." 

Underway. Note; Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. 

NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 6553, Harbors and Navigation Code. 
Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code. 



History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 

4). 

2. Amendment of subsections (b) and (c) filed 5-13-80; effective thirtieth day 
thereafter (Register 80, No. 20). 

3. Repealer and new section filed 1-28-83; effective thirtieth day thereafter (Reg- 
ister 83, No. 5). 

4. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 1 1). 

§ 6649.1. Running Lights — Vessels — When Operating on 
"Inland Waters" — Towing and Pushing. 



History 

1 . New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 
5). 

2. Repealer filed 3-1 5-85; effective thirtieth day thereafter (Register 85, No. 1 1 ). 

§ 6649.8. Lights on Barges at Bank or Dock. 

NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. 
Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code. 

History 

1 . New section filed 10-31-83; effective thirtieth day thereafter (Register 83, No. 
45). 

2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 1 1 ). 



NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. § 6650. Running Lights— Vessels— While Operating on the 
Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code. 



"High Seas." 

NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. 
Reference: Secfions 652 and 655.3, Harbors and Navigation Code. 

History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Amendment filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 

35). 

3. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 
5). 

4. Amendment filed 1 0-31-83; effective thirtieth day thereafter (Register 83, No. 

45). 



History 

1 . New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 
5). 

2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). 

§ 6649.2. Running Lights — Vessels — When Operating on 
"Inland Waters" — Sailing Vessels Underway 
and Vessels Under Oars. 

NOTE: Authority cited: Secfions 652 and 655.3, Harbors and Navigation Code. 
Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code. 

History 

1 . New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). 
5). 

2. Repealer filed 3-15-85; effecfive thirtieth day thereafter(Register 85, No. 11). § 6650.1. Positioning and Technical Details of Lights 

Required for Use on Vessels Operating on the 
§ 6649.3. Running Lights— Vessels— When Operating on "High Seas." 

"Inland Waters"— Fishing Vessels. NotE: Authority cited: Sections 82, 652 and 655.3, Harbors and Navigation Code. 

NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650 and 652, Harbors and Navigation Code. 

Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code. HISTORY 

History l . New section filed 8-26-77; effective thirtieth day thereafter (Register 77, No. 

1. New secfion filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 35). 

5). 2. Amendment filed 10-31-83; effective thirtieth day thereafter (Register 83, No. 

2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 1 1). 45). 

3. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). 

§ 6651. Towing Astern — Running Lights — Power Driven 
Vessels Less Than 26 Feet in Length. 

History 

Note: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. ^- Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code. ^' 

History 2- Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 

5). § 6652. Towing Astern — Running Lights — Power Driven 

2. Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 11). Vessels 26 Feet or Over In Length. 

History 
§ 6649.5. Running Lights — Vessels — When Operating on l- Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 

"Inland Waters." 4) 

NOTE: Authority cited: Sections 652 and 655.3, Haibors and Navigation Code. ^- Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 
Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code. 

History § 6653. Towing Alongside — Running Lights — Power 

1. New section filed 1-28-83; effective thirtietii day thereafter (Register 83, No. Driven Vessels LesS Than 26 Feet in Length. 
5)- History 

2. Repealer filed 3-15-85;effective thirtieth day thereafter (Register 85, No. 11). 1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 

4). 
2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6654. Towing Alongside — Running Lights — Power 
Driven Vessels 26 Feet or Over In Length. 

History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 

4). 



§ 6649.4. Running Lights — Vessels — When Operating on 
"Inland Waters" — Vessels Not Under 
Command or Restricted in Their Ability to 
Maneuver. 



§ 6649.6. Running Lights — Vessels — When Operating on 
"Inland Waters" — Anchored Vessels and 
Vessels Aground. 

NOTE: Authority cited: Section 652 and 655.3, Harbors and Navigation Code 
Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code. 

History 
1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No 
5). 



2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 
Page 487 Register 96, Nos. 30-31; 8-2-96 



§6655 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



§ 6655. Pushing Ahead— Running Lights— Power Driven 
Vessels Less Than 26 Feet in Length. 

History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6656. Pushing Ahead — Running Lights — Power Driven 
Vessels 26 Feet and Over in Length. 

History 

1. Amendment filed 1-18-77; effecfive thirtieth day thereafter (Register 77, No. 
4). 

2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 2. Amendment of subsections (f) and (g) filed 5-13-80; effective thirtieth day 

thereafter (Register 80, No. 20). 
3. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83. No. 5). 



§ 6667. Ferryboats — Running Lights. 

History 

1. Amendment filed 1-18-77; effecfive thirtieth day thereafter (Register 77. No. 
4). 

2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6668. Lights for Barges, Canal Boats, Scows, and Other 
Nondescript Vessels. 

NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference: 
Sections 652 and 655.3, Harbors and Navigafion Code. 

History 
1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 

4). 



§ 6657. Lights to Be Displayed by a Towing Vessel When 
Towing a Submerged or Partly Submerged 
Object upon a Hawser When No Signals Can 
Be Displayed upon the Object Which Is 
Towed — Power Driven Vessels. 
History 

1 . Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5). 

§ 6658. Sailing Vessel— Running Lights — Starboard Side. 

History 
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6659. Sailing Vessel — Running Lights — Port Side. 

History 
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6660. Sailing Vessel— Running Lights— Side Light 
Screen. 

History 
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6661. Sailing Vessel — Running Lights — Stern, 

History 
1. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5). 

§ 6662. Small Vessel— Running Lights— Less Than 10 
Gross Tons. 

NOTE: Authority cited: Secfions 652 and 655.3, Harbors and Navigation Code. 
Reference: Sections 652 and 655.3, Harbors and Navigafion Code. 

History 

1 . Amendment filed 5-1 3-80; effecfive thirtieth day thereafter (Register 80, No. 
20). 

2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6663. Sailing Vessel — Running Lights— Motorboat 
Propelled by Sail Alone. 

History 
1. Repealer filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 4). 

§ 6664. Vessels Towed— Lights. 

History 



§ 6669. Barges, Canal Boats, Scows, and Other 

Nondescript Vessels Temporarily Operating on 
Waters Requiring Different Lights. 

History 

1. Amendment filed 1-18-77; effecfive thirtieth day thereafter (Register 77, No. 
4). 

2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6670. Visibility Requirement of Lights on Floating Plants. 

History 
1 . Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6671 . Power Driven Vessels, Derrick Boats, Lighters, or 
Other Types of Vessels Made Fast Alongside a 
Wreck, or Moored over a Wreck Which Is on 
the Bottom or Partly Submerged, or Which May 
Be Drifting — Lights. 
History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5). 

§ 6672. Dredges Held in Stationary Position by Moorings 
or Spuds — Lights. 

History 

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6673. Self-Propelling Suction Dredges Underway and 
Engaged in Dredging Operations — Lights. 

History 
1. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5). 

§ 6674. Vessels Moored or Anchored and Engaged in 

Laying Cable or Pipe, Submarine Construction, 
Excavation, Matsinking, Bank Grading, Dike 
Construction, Revetment, or Other Bank 
Protection Operations — Lights. 
History 

1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6675. Lights on Dredge Pipelines. 

NOTE: Authority cited: Secfions 652 and 655.3, Harbors and Navigafion Code. 
Reference: Sections 652 and 655.3, Harbors and Navigation Code. 

History 



1 . Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. ^ Amendment filed 5-13-80; effecfive thirtieth day thereafter (Register 80, No. 



4). 



20). 



2. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5). 2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83. No. 

5). 



§ 6665. Trawling, Dredging or Fishing — Lights. 

History 
1. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5). 

§ 6666. Rowing Boats — Running Lights. 

History 

1 . Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 



3. Repealer filed 3-15-85; effecfive thirtieth day thereafter (Register 85, No. 1 1). 

§ 6675.1. Pipelines Disengaged from Dredges — Lights. 

NOTE: Authority cited: Secfion 652, Harbors and Navigation Code. Reference: 
Sections 652 and 655.3, Harbors and Navigafion Code. 

History 
1. New secfion filed 5-13-80; effective thirtieth day thereafter (Register 80, No. 
20). 



Page 488 



Register 96, Nos. 30-31; 8-2-96 



Title 14 



Department of Boating and Waterways 



§6692 



• 



2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6676. Floating Plant— Lights. 

Note-. Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. 
Reference: Sections 652 and 655.3, Harbors and Navigation Code. 

History 
1 . Repealer filed 3-1 5-85; effective thirtieth day thereafter (Register 85, No. 11). 

§ 6677. Rafts and Other Craft— Lights. 

History 

1 . Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6678. Vessels Other Than Raft or Rowboat— Lights. 

History 

i. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6679. Raft— Lights. 

History 
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6680. Lights of Vessel at Anchor. 

NOTE: Authority cited: Section 38, Harbors and Navigation Code. Reference: 
Section 652, Harbors and Navigation Code. 

History 

1. Amendment filed 5-11-71; effecfive thirtieth day thereafter (Register 71, No. 
20). For prior history see Register 68, No. 48. 

2. Amendment filed 2-16-79 as procedural and organizational; effective upon fil- 
ing (Register 79, No. 7). 

3. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5). 

§ 6681. Anchor Lights— Vessel Under 150 Feet in Length. 

History 
1. Repealer filed 12-19-68; effecfive thirtieth day thereafter (Register 68, No. 48). 

§ 6682. Vessel Not More Than 65 Feet in Length— Special 
Anchorage Area — Lights. 

History 
1. Repealer filed 12-19-68; effective thirtieth day thereafter (Register 68, No. 48). 

§ 6683. Lights for an Overtaken Vessel. 

History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6684. Special Signals to Attract Attention. 

NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. 
Reference: Sections 652 and 655.3, Harbors and Navigation Code. 

History 

1. Amendment filed 1-18-77; effective thirtieth day thereafter (Register 77, No. 
4). 

2. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 
5). 

3. Repealer filed 3-15-85; effecfive thirtieth day thereafter (Register 85, No. 1 1). 

§ 6685. White Lights for Power Driven Vessels Carried on 
Centerline. 

History 

1 . Amendment filed 1-18-77; effecfive thirtieth day thereafter (Register 77, No. 
4). 

2. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6686. Towing of Barges — Tows of Seagoing Barges 
Within Waters of California. 

History 

1. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5). 

§ 6687. Towing of Barges — Hawser Length — General. 

History 
1 . Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 



§ 6688. Towing of Barges — Hawser Length— Exceptions. 

History 

1. Repealer filed 1-28-83; effecfive thirtieth day thereafter (Register 83, No. 5). 

§ 6689, Towing of Barges — Bunching of Tows. 

History 
1. Repealer filed 1-28-83; effecfive thirfieth day thereafter (Register 83, No. 5). 

§ 6690. Look-Out. 

NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. 
Reference: Secfions 652 and 655.3, Harbors and Navigafion Code. 

History 

1. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 
5). 

2. Repealer filed 3-1 5-85; effecfive thirtieth day thereafter (Register 85, No. 1 1 ). 

§ 6691 . Distress Signals — Recognized. 

NOTE: Authority cited: Secfions 652 and 655.3, Harbors and Navigation Code. 
Reference: Secfions 652 and 655.3, Harbors and Navigation Code. 

History 

1. Amendment filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 
5). 

2. Repealer filed 3-15-85; effecfive thirtieth day thereafter (Register 85, No. 11). 

§ 6692. Visual Distress Signals — Required. 

(a) Applicability. Except for Section 6692.1 of Title 14 of the Califor- 
nia Code of Regulations, these rules apply to boats on coastal waters of 
California as defined in (b) (2) of this section. 

(b) Definitions. 

(1) ''Visual distress signal" means a device that is approved by the 
Commandant of the United States Coast Guard under Title 46, Code of 
Federal Regulations, Part 160, or certified by the manufacturer under 
Title 46, Code of Federal Regulations, Parts 160 and 161 . 

(2) "Coastal Waters" means the high seas of the State of California as 
defined in Section 6552(0 of Title 14 of the California Code of Regula- 
tions. 

(3) "Passenger" means every person carried on board a vessel other 
than: 

(A) The owner or his representative; 

(B) The operator; 

(C) Bona fide members of the crew engaged in the business of the ves- 
sel who have contributed no consideration for their carriage and who are 
paid for their services; or 

(D) Any guest on board a vessel which is being used exclusively for 
pleasure purposes who has not contributed any consideration, directly or 
indirectly, for his carriage. 

(c) Visual distress signals required. 

( 1 ) No person may use a boat 1 6 feet or more in length or any boat car- 
rying six or less passengers for hire unless visual distress signals selected 
from the list in paragraph (i) of this section, or the alternatives in para- 
graph (j) of this section in the number required are on board. Devices suit- 
able for day use and devices suitable for night use, or devices suitable for 
both day and night use must be carried. 

(2) Between sunset and sunrise, no person may use a boat less than 1 6 
feet in length unless visual distress signals, suitable for night use, selected 
from the list in paragraph (i) of this section, or paragraph (j) of this sec- 
tion, in the number required are on board. 

(d) Launchers. When a visual distress signal carried to meet the re- 
quirements of paragraph (c) of this section requires a launcher to activate, 
then a launcher approved under Title 46, Code of Federal Regulations, 
Part 160.28, must also be carried. 

(e) Exceptions. The following persons need not comply with para- 
graph (c) of this section; however, each must carry on board visual dis- 
tress signals suitable for night use, selected from the list in paragraph (i), 
or paragraph (j) of this section, in the number required, between sunset 
and sunrise: 

(1) A person competing in any organized marine parade, regatta, race, 
or similar event; 

(2) A person using a manually propelled boat; or 

(3) A person using a sailboat of completely open construction not 
equipped with propulsion machinery, under 26 feet in length. 



Page 489 



Register 99, No. 2; 1-8-99 



§ 6692.1 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



(0 Stowage. No person may use a boat unless the visual distress sig- 
nals required by paragraph (c) of this section are readily accessible. 

(g) Serviceability. No person may use a boat unless each signal re- 
quired by paragraph (c) of this section is in serviceable condition, and the 
service life of the signal, if indicated by a date marked on the signal, has 
not expired. 

(h) Marking. No person may use a boat unless each signal required by 
paragraph (c) of this section is legibly marked with the approval number 
or certification statement, as specified in Title 46, Code of Federal Regu- 
lations. Parts 160 and 161. 

(i) Visual distress signals accepted. Any of the signals listed in the fol- 
lowing table, when carried in the number required, can be used to meet 
the requirements of paragraph (c) of this section. 

( 1 ) An electric distress light meeting the standards of 46 CFR 161.01 3. 
One is required to meet the night only requirement. 

(2) An orange flag meeting the standards of 46 CFR 1 60.072. One is 
required to meet the day only requirement. 

(3) Pyrotechnics meeting the standards noted in the following table. 

TABLE 



Approved 

Number 

Under 

46 CFR Pyrotechnic Signal Devices 

160.021 . . . Hand-Held Red Flaie Distress Signal 3 



Number 

Required 

Accepted to Be 

for Use Carried 

Day and night 3 



160.022 . . . Floating Orange Smoke Distress Signals Days only 
160.024 . . . Pistol-Projected Pai-achute Red Flare 





Distress Signals. 


Day and night ' 


3 


160.036 . . 


. Hand-Held Rocket-Propelled Para- 
chute Red Flare Distress Signals 


Day and night 


3 


160.037 . . 


. Hand-Held Orange Smoke Distress 
Signals. 


Day only 


3 


160.057 . . 


. Floating Orange Smoke Distress Signals 


Day only 


3 


160.066 . . 


. Distress Signal for Boats, Red Aerial 
Pyrotechnic Flare 


Day and night - 


3 



' These signals require use in combination with a suitable launching device ap- 
proved under Title 46, Code of Federal Regulations, Part 160.028. 

2 These devices may be either self-contained or pistol launched, and either me- 
teor or parachute assisted type. Some of these signals may require use in combina- 
tion with a suitable launching device approved under Title 46, Code of Federal 
Regulations, Part 160.028. 

3 Must have manufacturers date of October 1, 1980 or later. 

(j) Any combination of signal devices selected from the types noted 
in paragraphs (i)(l), (2), and (3) of this section, when carried in the num- 
ber required, may be used to meet both day and night requirements. Ex- 
amples — the combination of the two hand-held red flares (160.021) and 
one parachute red flare (160.024 or 160.036) meets both day and night 
requirements. Three hand-held orange smoke (160.037) with one elec- 
tric distress light (161.013) meet both day and night requirements. 

(k) Existing equipment. 

(1) Launchers manufactured before 1 January, 1981, which do not 
have approval numbers, are acceptable for use with meteor or parachute 
signals listed in table in Section (i)(3) as long as they remain in service- 
able condition. 

NOTE: Authority cited: Section 652, Harbors and Navigation Code. Reference: 
Section 650, Harbors and Navigation Code. 

History 

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 
5). 

2. Amendment of subsection (a)(2) filed 8-28-86; effective thirtieth day thereafter 
(Register 86, No. 35). 

3. Amendment filed 1 1-25-87; operative 12-25-87 (Register 87, No. 49). 

4. New subsections (b)(3)-(b)(3)(D) filed 10-17-91; operative 1 1-18-91 (Regis- 
ter 92, No. 30). 

5. Amendment of subsections (a), (b)(2), and (c)(1), repealer of subsection (/) and 
amendment of Note filed 7-24-96; operative 8-23-96 (Register 96, No. 30). 



§ 6692.1 . Visual Distress Signals— Prohibited Use. 

No person in a boat shall display a visual distress signal on waters of 
the State under any circumstance except a situation where asssistance is 
needed because of immediate or potential danger to persons on board. 
NOTE: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: 
Sections 650 and 655.3, Harbors and Navigation Code. 

History 

1 . New section filed 7-24-96; operative 8-23-96 (Register 96, No. 30). 

§ 6694. Orders to Helmsman. 

History 
1. Repealer filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 5). 

§ 6695. Searchlights or Other Blinding Lights. 

(a) Except for law enforcement or search and rescue activities, flash- 
ing a searchlight or other blinding light onto the bridge or onto the pilot- 
house of any vessel underway is prohibited. 

(b) All floodlights or headlights which may interfere with the proper 
navigation of an approaching vessel shall be so shielded that the lights 
will not blind the pilot of such vessel. 

NOTE: Authority cited: Secfion 655.3, Harbors and Navigation Code. Reference: 
Section 655.3, Harbors and Navigafion Code. 

History 

1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 17). 

2. Amendment of Note filed 7-24-96; operafive 8-23-96 (Register 96, No. 30). 

§ 6696. Unnecessary Use of Sound Signaling Device. 

NOTE: Authority cited: Sections 652 and 655.3, Harbors and Navigafion Code. 
Reference: Sections 652 and 655.3, Harbors and Navigation Code. 

History 
1 . Repealer filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 1 1). 

§ 6697. Prima-Facie Evidence of Negligent Operation. 

Pursuant to the provisions of Section 655 of the Harbors and Naviga- 
tion Code, the following described acts endanger life, limb or property 
and constitute evidence of reckless or negligent operation: 

(a) Riding on the bow, gunwale or transom of a vessel propelled by 
machinery underway when such position is not protected by railing or 
other reasonable deterrent to falling overboard, or riding in a position or 
manner which is obviously dangerous. These provisions shall not apply 
to a vessel's crewmen in the act of anchoring, mooring or making fast to 
a dock or another vessel, or the necessary management of a sail. 

(b) Maneuvering towed skiers, or other devices, so as to pass the tow- 
line over another vessel or its skier. 

(c) Navigating a vessel, skis or other devices between a towing vessel 
and its tow or tows. 

NOTE: Authority cited: Section 655, Harbors and Navigation Code. Reference: 
Sections 650, 655 and 655.3, Harbors and Navigation Code. 

History 

1 . New section filed 10-13-72; effective thirtieth day thereafter (Register 72, No. 

42). 

2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 

3. Amendment of Note filed 7-24-96; operative 8-23-96 (Register 96, No. 30). 



Article 5.1 . Closure of Waterways to 
Recreational Boating 

§6698.1. Definitions. 

The following definitions shall apply to the terminology used in this 
article: 

(a) "department" means the Department of Boating and Waterways. 

(b) "director" means the director of the Department of Boating and 
Waterways. 

(c) "Sacramento-San Joaquin Delta and its tributaries and distributa- 
ries" means all or any part of the area identified in Section 12220 of the 
California Water Code and waterways flowing into and out of the Sacra- 
mento-San Joaquin Delta. 

(d) "recreational vessel" means a vessel being used only for pleasure. 



• 



Page 490 



Register 99, No. 2; 1-8-99 



Title 14 



Department of Boating and Waterways 



§7000 



Note.- Authority cited: Sections 63.9(e) and 660(b) and (c), Harbors and Naviga- 
tion Code. Reference: Sections 33, 63.9(e), 650, 651 and 660(b) and (c). Harbors 
and Navigation Code; Section 8558(b) and (c), Govemmenl Code; Executive Or- 
der W-156-97; and Attorney General Opinion No. 97-307. 

Hlstory 

1. New article 5.1 (sections 6698.1-6698.3) and section filed 2-6-98 as an emer- 
gency; operative 2-6-98 (Register 98, No. 6). A Certificate of Compliance must 
be transmitted to OAL by 6-8-98 or emergency language will be repealed by 
operation of law on the following day. 

2. Repealed by operation of Government Code section 1 1346. J (g) (Register 99, 
No. 2). 

3. Amendment of article heading and new section filed 1^-99; operative l^^-99 
pursuant to Government Code section ] 1343.4(d) (Register 99, No. 2). 

§ 6698.2. Director's Authority for Restrictions or Closures. 

(a) During emergency situations, sucii as actual or projected high wa- 
ter levels or flooding, and in the interest of preserving the safety of per- 
sons and property, the director, or his or her designee, may restrict or or- 
der the closure of all or any part of the waters in the Sacramento-San 
Joaquin Delta, its tributaries and distributaries, and Suisun Bay, Grizzly 
Bay, and Honker Bay and their tributaries and distributaries to recre- 
ational vessels. 

(b) In accordance with Section 660 of the Harbors and Navigation 
Code, all emergency restrictions or closures issued by the Department 
shall be effective for no more than 60 days. However, the director, or his 
or her designee may issue new restrictions or closures when the emergen- 
cy is expected to continue beyond the 60 day period, after a public hear- 
ing is held by the department to receive comments from the public. 

(c) The director, or his or her designee, may rescind or modify the re- 
strictions or closures based on the status of the emergency conditions 
and/or the information or testimony provided at the public hearing refer- 
enced in subsection (b) above. 

(d) When the director, or his or her designee, determines that the emer- 
gency situation, such as high water levels or flooding, has diminished, a 
notice shall be issued to law enforcement agencies, marinas, and news 
organizations rescinding the restrictions or closure. 

NOTE: Authority cited: Sections 63.9(e) and 660(b) and (c). Harbors and Naviga- 
tion Code. Reference: Sections 33, 63.9(e), 650 and 660(b) and (c). Harbors and 



Naviaation Code; Executive Order W-156-97; and Attorney General Opinion 
No, 9V307. 

History 

1. New section filed 2-6-98 as an emergency; operative 2-6-98 (Register 98, No. 
6). A Certificate of Compliance must be transmitted to OAL by 6-8-98 or emer- 
gency language will be repealed by operation of law on the following day. 

2. Repealed by operation of Government Code section 1 1346.1(g) (Register 99, 

No. 2). 

3. New section filed 1^1-99; operative 1-4-99 pursuant to Government Code sec- 
tion 11343.4(d) (Register 99, No. 2). 

§ 6698.3. Removal of Restrictions or Closures. 

NOTE: Authority cited: Sections 63.9(e) and 660(b) and (c), Harbors and Naviga- 
tion Code. Reference: Sections 33, 63.9(e), 650 and 660(b) and (c). Harbors and 
Navigation Code; Section 8558(b) and (c). Government Code; and Executive Or- 
der W-156-97. 

History 

1 . New section filed 2-6-98 as an emergency; operative 2-6-98 (Register 98, No. 
6). A Certificate of Compliance must be transmitted to OAL by 6-8-98 or emer- 
gency language will be repealed by operation of law on the following day. 

2. Repealed by operation of Government Code section 11 346. 1(g) (Register 99, 

No. 2). 



Article 6. Waterway Marking System 

§ 7000. Scope. 

Pursuant to the authority vested in it by Section 659, Harbors and Nav- 
igation Code, the Department adopts rules and regulations for a uniform 
system for marking the State's waters; such rules and regulations to es- 
tablish, (a) a system of regulatory markers for use on all waters of the 
State to meet needs not provided for by the U.S. Coast Guard system of 
navigational aids, and (b) a system of navigational aids for use on the wa- 
ters of the State not marked by the U.S. Coast Guard and/or not deter- 
mined to be United States navigable waters; provided that such rules and 
regulations shall not be in conflict with the markings prescribed by the 
U.S. Coast Guard. 

NOTE: Authority cited: Section 659, Harbors and Navigation Code. Reference: 
Sections 650 and 659, Harbors and Navigation Code. 



[The next page is 491. 



Page 490.1 



Register 99, No. 2; 1-8-99 



Title 14 



Department of Boating and Waterways 



§7003 



History 

1 . Amendment of Article 6 (Sections 7000 through 7008) filed 5-1 1-71 ; effective 
thirtieth day thereafter (Register 71, No. 20). For prior history see Recisters 66, 
No. 43 and 69, No. 44. 

2. Editorial correction of NOTE filed 10-1 1-85 (Register 83, No. 41). 

§ 7001. Definition (as used in this article). 

(a) Waterway marker is any device designed to be placed in, on or near 
the water to convey an official message to a boat operator on matters 
which may affect health, safety, or well being, except that such devices 
of the United States or an agency of the United States are excluded from 
the meaning of this definition. 

(b) Regulatory Marker is a waterway marker which has no equivalent 
in the U.S. Coast Guard system of navigational aids. 

(c) State Aid to Navigation is a waterway marker which is the equiva- 
lent of a U.S. Coast Guard aid to navigation. 

(d) Buoy is any device designed to float which is anchored in the water 
and which is used to convey a message. 

(e) Sign is any device for carrying a message which is attached to 
another object such as a piling, buoy, stmcture or the land itself. 

(f) A Display Area is the area on a sign or buoy needed for display of 
a waterway marker symbol. 

(g) Symbols are geometric figures such as a diamond, circle, rectangle, 
used to convey a basic message. 

(h) "Department" means the Department of Boating and Waterways. 
NOTE: Authority cited: Section 659, Harbors and Navigation Code. Reference: 
Sections 650 and 659, Harbors and Navigation Code. 

History 

1 . Amendment filed 2-16-79 as procedural and organizational; effective upon fil- 
ing (Register 79, No. 7). 

2. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§ 7002. Waterway Mariners Used on the Waters of This 
State Shall Be As Follows. 

(a) State Aids to Navigation. 

(1) A red buoy or sign shall indicate that side of a channel to be kept 
to the right of a vessel when entering the channel from the main water 
body or when proceeding upstream; a green buoy or sign shall indicate 
that side of a channel to be kept to the left of a vessel when entering the 
channel from the main water body or when proceeding upstream. 

These buoys or signs shall normally be used in pairs and only for the 
purpose of marking a clearly defined channel. 

(2) A red and white vertically striped buoy or sign shall indicate the 
center of a navigable waterway. 

(3) A red and green horizontally striped buoy or sign shall indicate a 
junction in the channel, or a wreck or obstruction which may be passed 
on either side. If the top band is red, the preferred channel is to the left 
when proceeding upstream or leaving the main water body. If the top 
band is green the preferred channel is to the right when proceeding up- 
stream or leaving the main water body. 

(4) White buoys shall indicate anchorage areas. 

(5) The shapes of state aids to navigation shall be compatible with the 
shapes established by Coast Guard regulations for the equivalent Coast 
Guard aids to navigation. 

(6) When lights are placed on buoys as an aid to navigation, their char- 
acteristics shall be compatible with those designated by Federal Regula- 
tions for federal aids to navigation. Red lights for this purpose shall be 
used only on red buoys and green lights only on green buoys. 

(b) Regulatory Markers. 

(1) A diamond shape of international orange with white center shall 
indicate danger. The nature of the danger may be indicated by words or 
well-known abbreviations in black letters inside the diamond shape, or 
above and/or below it on white background. 

(2) A diamond shape of international orange with a cross of the same 
color within it against a white center without qualifying explanation shall 
indicate a zone from which all vessels are excluded. 

(3) A circle of international orange with white center will indicate a 
control or restriction. The nature of the control or restriction shall be indi- 



cated by words, numerals, and/or well-known abbreviations in black let- 
ters inside the circle. Additional explanation may be given above and/or 
below ii in black letters on white background. 

(4) A rectangular shape of international orange with white center will 
indicate information, other than a danger, control or restriction, which 
may contribute to health, safety or well-being. The message will be pres- 
ented within the rectangle in black letters. 

(c) Letters or Numbers on Waterway Markers. 

(1) Numbers, letters or words on a state aid to navigation or regulatory 
marker shall be placed in a manner to enable them to be clearly visible 
to an approaching or passing vessel. They shall be block style, well pro- 
portioned and as large as the available space permits. Numbers and letters 
on red or black backgrounds shall be white; numbers and letters on white 
backgrounds shall be black. 

(2) State aids to navigation shall be numbered or lettered for identifica- 
tion. Red buoys and signs marking channels shall be identified with even 
numbers, and green buoys and signs marking channels shall be identified 
with odd numbers, the numbers increasing from the main water body or 
proceeding upstream. Buoys and signs indicating the center of a water- 
way or a channel junction shall be identified by letters of the alphabet. 
All numbers and letters used to identify state aids to navigation shall be 
preceded by the letters "CF." 

(d) Reflectorized Material. Where reflectorized materials are used, a 
red reflector will be used on a red buoy, a green reflector on a green buoy, 
and white reflectors only will be used on all other waterway markers, ex- 
cept that orange reflectors may be used on orange portions of regulatory 
markers, and yellow reflectors may be used on Special Markers, as de- 
fined in Section 7002.1. 

NOTE: Authority cited: Section 659, Harbors and Navigation Code. Reference: 
Sections 650 and 659, Harbors and Navigation Code. 

History 

1. Amendment filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 
11). 

2. Editorial correction of NOTE filed 10-1 1-85 (Register 85 No. 41). 

§ 7002.1. Special Markers. 

Special markers are not primarily intended to assist navigation, but are 
used to indicate a special area or feature (i.e., traffic separation, anchor- 
age areas, dredging, fish net areas, etc.) whose nature may be apparent 
from reference to a chart or other nautical document. 

(a) Aids used to mark these areas or systems will be all yellow. 
NOTE: Authority cited: Section 659, Harbors and Navigation Code. Reference: 
Sections 650, 655.3, and 659, Harbors and Navigation Code. 

History 
1. New section filed 3-15-85; effective thirtieth day thereafter (Register 85, No. 

11). 

§ 7003. Authority to Place Markers. 

(a) No waterway marker shall be placed on, in, or near the waters of 
the State unless such placement is authorized by the agency or political 
subdivision of the State having power to give such authorization, except 
that the provisions of this section shall not apply to private aids to naviga- 
tion under the jurisdiction of the U.S. Coast Guard. 

(b) Such agency or political subdivision of the State will, prior to au- 
thorizing placement, obtain the necessary clearances of any federal and 
state agencies concerned. Nothing herein contained shall be construed to 
require such prior clearance with the Department. 

(c) The agency or political subdivision of the State authorizing the 
placement of a waterway marker will inform the Department of the fol- 
lowing: 

(1) Exact location of the marker, expressed in latitude and longitude, 
or in distance and direction from one or more fixed objects whose precise 
location is known. 

(2) The description and purpose of the marker, including its identify- 
ing number, if any, as required by Section 7002(a)(5), above. 

NOTE: Authority cited: Section 659, Harbors and Navigation Code. Reference: 
Sections 650 and 659, Harbors and Navigation Code. 



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History 

1. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§ 7004. Maintenance of Waterway Markers. 

Waterway markers shall be maintained in proper condition, or be re- 
placed or removed. 

NOTE: Authority cited: Section 659, Harbors and Navigation Code. Reference: 
Sections 650 and 659, Harbors and Navigation Code. 

History 

1. Editorial correction of NOTE filed 10-1 1-85 (Regi,ster 85, No. 41). 

§ 7005. Display of Waterway Markers. 

(a) A waterway marker may be displayed as a sign on a fixed support, 
as a buoy bearing a symbol on its surface, or as a sign mounted on a buoy. 

(b) When a buoy is used to carry a symbol on its surface, it will be 
white, with a band of international orange at the top and a band of interna- 
tional orange above the water line at the bottom. 

(c) A buoy whose sole purpose is to carry a sign above it will be marked 
with three bands of international orange alternating with two bands of 
white, each band occupying approximately one-fifth of the total area of 
the buoy above the water line, except where the sign itself carries orange 
bands; however, nothing in these regulations will be construed to prohibit 
the mounting of a sign on a buoy which has been placed for a purpose 
other than that of carrying a sign. 

(d) When symbols are placed on signs, a suitable white background 
may be used outside the symbol. 

NOTE: Authority cited: Section 659, Harbors and Navigation Code. Reference: 
Sections 650 and 659, Harbors and Navigation Code. 

History 
1. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§ 7006. Specifications for Waterway Markers. 

(a) The size, shape, material, and construction of all markers, both 
fixed and floating, shall be such as to be observable under normal condi- 
tions of visibility at a distance such that the significance of the marker or 
aid will be recognizable in time to avoid danger. 

(b) Waterway markers shall be made of materials which will retain, de- 
spite weather and other exposures, the characteristics essential to their 
basic significance, such as color, shape, legibility and position. 
NOTE; Authority cited: Section 659, Harbors and Navigation Code. Reference: 
Sections 650 and 659, Harbors and Navigation Code. 

History 
1. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§ 7007. Other Waterway Marking Devices. 

(a) Mooring Buoys. In order that mooring buoys shall not be mistaken 
for aids to navigation or regulatory markers, they shall be white, with a 
blue band clearly visible above the waterline. 

(b) Placement of markers such as mooring buoys and permanent race 
course markers will be processed in the same manner as waterway mark- 
ers. 

(c) Such markers shall not be of a color, shape, configuration or mark- 
ing which could result in their confusion with any federal or state aid to 
navigation or any state regulatory marker, and shall not be placed where 
they will obstruct navigation, cause confusion, or constitute a hazard. 
NOTE: Authority cited: Section 659, Harbors and Navigation Code. Reference: 
Sections 650 and 659, Harbors and Navigation Code. 

History 

1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 2. Amend- 
ment of subsection (a) filed 11-25-87; operative 12-25-87 (Register 87, No. 
49). 

§ 7008. The Divers Flag. 

(a) A red flag with a white diagonal running from the upper left hand 
comer to the lower right hand comer (from masthead to lower outside 
comer) and known as the "Divers Flag" shall when displayed on the wa- 
ter, indicate the presence of a person engaged in diving in the water in the 
immediate area. 

(b) Recognition of this flag by regulation will not be constmed as con- 
ferring any rights or privileges on its users, and its presence in a water 



area will not be construed in itself as restricting the use of the water area 
so marked. 

(c) Operators of vessels will, however, exercise precaution commen- 
surate with conditions indicated. 

(d) This flag may be displayed only when diving is in progress, and its 
display in a water area when no diving is in progress is that area will con- 
stitute a violation of the regulation and of section 659 of the Harbors and 
Navigation Code. 

(e) Nothing in this section will require the carriage of a divers flag for 
any purpose. 

NOTE: Authority cited: Section 659, Harbors and Navigation Code. Reference: 
Sections 650, and 659, Harbors and Navigation Code. 

History 

1. Editorial correction on NOTE filed 10-1 1-85 (Register 85, No. 41). 

2. Amendment of subsection (d) substituting "may" for "shall" and new subsec- 
tion (e) filed 4-2-90; operative 5-2-90 (Register 90, No. 17). 

§7009. The Ski Flag. 

(a) A red or orange flag measuring no less than 12 inches on each side, 
in the shape of a square or rectangle, mounted or displayed in such a man- 
ner as to be visible from every direction shall be known as a ski flag. 

(b) The use of this flag will not be constmed as conferring any rights 
or privileges on its users, and its display will not be constmed in itself as 
restricting the use of the water in the vicinity of the vessel displaying the 
flag. 

(c) Operators of vessels will, however, exercise precaution commen- 
surate with conditions indicated. 

(d) The ski flag shall be displayed when one or more of the following 
conditions exists. 

(1) A downed skier. 

(2) A skier in the water preparing to ski. 

(3) A ski line extended from the vessel. 

(4) A ski in the water in the vicinity of the vessel. The ski flag shall not 
be displayed at any other time. 

NOTE: Authority cited: Secfions 652, 658, 658.7 and 659, Harbors and Navigation 
Code. Reference: Sections 650, 655.3, 658.7 and 659, Harbors and Navigation 
Code. 

History 

1. New section filed 1-28-83; effective thirtieth day thereafter (Register 83, No. 
5). 

2. Amendment of subsecfion (d) substituting "may" for "shall" and new subsec- 
don (e) filed 4-2-90; operative 5-2-90 (Register 90, No. 17). 

3. Amendment of subsections (a)-(b) and (c) and Note, new subsections 
(d)(l)-(4) and repealer of subsection (e) filed 10-17-91; operative 11-18-91 
(Register 92, No. 30). 



Article 7. 



For Hire Vessel Operator's 
License 



§ 7500. Definitions. 

(a) As used in Article 2, (commencing with Section 760) Chapter 5 of 
Division 3, Harbors and Navigation Code, the terms "carrying more than 
three passengers for hire" and "carrying passengers for hire" mean the 
carriage of more than three persons by a vessel for a valuable consider- 
ation, whether directly or indirectly flowing to the owner, charterer, oper- 
ator, agent or any other person interested in the vessel. 

(b) "Passenger" means every person, other than the master and a mem- 
ber of the crew or other persons employed or engaged in any capacity on 
board a vessel in the business of that vessel. 

(c) "Department" means the Department of Boating and Waterways. 

NOTE: Authority cited: Section 770, Harbors and Navigation Code. Reference: 
Section 760, Harbors and Navigation Code. 

History 

1. Amendment of Article 7 ( §§ 7500 through 7505) filed 5-1 1-71; effective thir- 
tieth day thereafter (Register 7 1 , No. 20). For prior history see Registers 66, No. 
43 and 69, No. 8. 

2. Amendment of subsection (a) filed 1-18-77; effective thirtieth day thereafter 
(Register 77, No. 4). 

3. Amendment filed 2-16-79 as procedural and organizational; effective upon fil- 
ing (Register 79, No. 7). 



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4. Amendment of subsection (a) filed 5-13-80; effective thirtieth day thereafter 
(Register 80, No. 20). 

5. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 



§ 7501 . Requirements for Examination. 

(a) Prior to the issuance of a For-Hire Vessel Operator's License, ev- 
ery applicant shall meet the following requirements: 

(1) Have attained the age of eighteen (18) years. 

(2) Show evidence of at least one year's experience in operating the 
type of motorboat or motor vessel for which the applicant requests li- 
cense to operate, on the type of water for which applicant requests license 
to operate. 

(A) (Reserved) 

(B) Other experience or training, which in the judgment of the Depart- 
ment is a reasonable equivalent, may be substituted. 

(3) Furnish information to the Department on forms provided by the 
Department regarding the following: 

(A) Name, address, date and place of birth, and description of appli- 
cant. 

(B) Type of vessel the applicant requests license to operate. 

(C) Waters on which applicant requests license to operate. 

(D) Statement as to physical defects. 

(E) Statement of experience and training in vessel operation. 

(F) Certified statements regarding applicant's boat handling ability 
and moral character from three persons having knowledge of these mat- 
ters but who are not members of the applicant's family. 

(G) Certification of the truth of the statements submitted in his applica- 
tion. 

(H) Applicant's signature. 

(4) Submit a report, on forms provided by the Department, of a medical 
examination by a licensed physician within sixty (60) days of the date of 
application indicating: 

(A) Diseases and other physical or mental defects. Conditions such as 
epilepsy, insanity, senility, acute general disease or neurosyphilis, badly 
impaired hearing, or other defect that would render the applicant incom- 
petent to perform the ordinary duties of a licensed operator are grounds 
for refusal to issue a license. 

(B) Possession, either with or without glasses, of at least 20/20 vision 
in one eye and at least 20/40 in the other. The applicant who wears 
glasses, however, must also be able to pass a test without glasses of at 
least 20/100 in both eyes. 

(C) Unimpaired color sense as tested by a test utilized by the U.S. 
Coast Guard to determine color sense, or a similar test. This requirement 
may be waived if the operation of vessels for which the license is sought 
will be limited to hours of daylight; provided that any license issued on 
the basis of such waiver will be limited to operation of vessels during 
hours of daylight. 

(D) Any of the requirements of this subdivision (4) may be waived 
where the Department determines that because of exceptional and unusu- 
al experience and skill or because of other unusual qualifications, the 
applicant evidences that he is a reliable and competent operator of the 
type of vessel for which he requests license to operate, on the water on 
which he requests license to operate. In granting any such waiver, the De- 
partment may impose such restrictions, limitations and conditions on the 
operation of for-hire vessels by such applicant as the Department deems 
necessary for the safety and protection of all persons carried on board 
such vessels. 

(5) Successfully complete a written test of knowledge of factors affect- 
ing boat operation, including: 

(A) State laws and regulations governing operation and equipment of 
undocumented vessels. 

(B) Fire protection measures. 

(C) Vessel and motor maintenance. 

(D) Navigational aids. 

(E) Safe operation of motorboats. 

(F) First aid and life saving measures. 



(6) In addition to the above requirements, an actual demonstration of 
the applicant's ability to exercise ordinary and reasonable control in op- 
erating a vessel may also be required. 

(b) Upon presentation to the Department of a valid master's, mate's, 
or operator's license issued by the U.S. Coast Guard as authorized by 46 
CFR 15.605 and 15.607, the Department may waive the requirements 
listed in subdivisions (2), (3) (F), (4), (5) and (6) of subsection 7501(a). 

(c) The Department may at any time terminate restrictions, limitations 
and conditions placed on a license whenever the licensee furnishes evi- 
dence that the basis for the restrictions, limitations and conditions no 
longer exists. 

NOTE: Authority cited: Section 770, Harbors and Navigation Code. Reference: 
Section 767, Harbors and Navigation Code. 

History 

1 . Amendment of subsection (a)(4)(B) filed 9-6-73; effective thirtieth day there- 
after (Register 73, No. 36). 

2. Order of Repeal of subsection (a)(2)(A) filed 6-3-85 by OAL pursuant to Gov- 
ernment Code Section 11349.7; effective thirtieth day thereafter (Register 85, 
No. 26). 

3. Editorial coirection of NOTE filed 10-1 i-85 (Register 85, No. 41). 

4. Amendment of subsection (b) filed 4-2-90; operative 5-2-90 (Register 90, No. 

17). 

§ 7501 .1 . Time Periods for Processing For-Hire Vessel 
Operator's License. 

(a) The Department shall notify the applicant, in writing, within 10 
days from receipt of application that the application is complete, or that 
the application is deficient, and what specific information is required. 

(b) The Department shall then process the completed application for 
license, as required by Sections 762 and/or 767 of the Harbors and Navi- 
gation Code, and reach a decision to issue a license within 30 to 90 days, 
the median being 60 days. 

NOTE: Authority cited: Section 764, Harbors and Navigation Code. Reference: 
Sections 762, 765 and 766, Harbors and Navigation Code; and Section 
15376(a)-(c), Government Code. 

History 
1. New section filed 10-31-83;effectivethirtiethday thereafter (Register 83, No. 
45). 

§ 7502. Grounds for Refusal to Issue License. 

The Department may refuse to issue a license for any of the following 
reasons: 

(a) Failure of the applicant to meet the requirements set forth in Subdi- 
visions (1) through (6) of Subsection 7501(a). 

(b) Habitual use by the applicant of intoxicating liquor, or any narcotic 
drug, barbiturate or marijuana. 

(c) Material misrepresentation or false statements in any application. 

NOTE: Authority cited: Section 770, Harbors and Navigation Code. Reference: 
Section 766, Harbors and Navigation Code. 

History 

1. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§ 7503. Renewal of License. 

Following are the requirements for renewal of licenses: 

(a) Applicant must present evidence of satisfactory operation of ves- 
sels during the past five years, including at least one year of operation of 
the type of motorboat or motor vessel for which license was issued, on 
the type of water for which license was issued, or present other experi- 
ence of training which, in the judgment of the Department, is a reasonable 
equivalent. 

(b) Applicant must submit a report, on forms provided by the Depart- 
ment, of a medical examination by a licensed physician within 60 days 
of the date of the application for renewal indicating: 

(1) Diseases and other defects. Conditions such as epilepsy, insanity, 
senility, acute general disease or neurosyphilis, badly impaired hearing, 
or other defect that would render the applicant incompetent to perform 
the ordinary duties of a licensed operator are grounds for refusal to renew 
a license. 

(2) Possession, either with or without glasses, of at least 20/20 vision 
in one eye and at least 20/40 in the other. The applicant who wears 



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glasses, however, must also be able to pass a test without glasses of at 
least 20/100 in both eyes. 

(3) Unimpaired color sense as tested by a test utilized by the U.S. Coast 
Guard to determine color sense, or a similar test. This requirement may 
be waived if the operation of vessels under the license will be limited to 
hours of daylight; provided that any license renewed on the basis of such 
waiver will be limited to operation of vessels during hours of daylight. 

(4) Any of the requirements of this subsection (b) may be waived 
where the Department determines that because of exceptional and unusu- 
al experience and skill or because of other unusual qualifications, the 
applicant evidences that he is a reliable and competent operator of the 
type of vessel for which he requests license to operate, on the water on 
which he requests license to operate. In granting any such waiver, the De- 
partment may impose such restrictions, limitations and conditions on the 
operations of for-hire vessels by such applicant as the Department deems 
necessary for the safety and protection of all persons carried on board 
such vessels. 

(c) Upon presentation to the Department of a valid master's, mate's or 
operator's license issued by the U.S. Coast Guard as authorized by 46 
CFR 15.605 and 15.905, the Department may waive the requirements 
listed in subsection (b) of this section. 

NOTE: Authority cited: Section 770, Harbors and Navigation Code. Reference: 
Section 767, Harbors and Navigation Code. 

History 

i . Amendment of subsection (b)(2) filed 9-6-73; effective thirtieth day thereafter 
(Register 73, No. 36). 

2. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

3. Amendment of subsection (c) filed 4-2-90; operative 5-2-90 (Register 90, No. 
17). 

§ 7504. Provisions Affecting Use of License. 

(a) No licensee or holder of an operator's license shall operate any for- 
hire vessel in violation of the terms and conditions upon which such li- 
cense is issued, nor shall operate any vessel carrying passengers for hire 
subject to the provisions of this article, other than of the type designated 
on his license nor operate such vessel on any waters other than those des- 
ignated on his license. 

(b) The licensee shall notify the Department of any change of address 
within 30 days of such change. 

(c) The operator of any vessel subject to the provisions of this article 
and article 2 (commencing with section 760) chapter 2, division 3, of the 
harbors and navigation code, shall have his license as operator in his pos- 
session and available for examination at all times when the vessel in be- 
ing operated. 

NOTE: Authority cited: Section 770, Harbors and Navigation Code. Reference: 
Sections 761, 767 and 769, Harbors and Navigation Code. 

History 

1. New NOTE filed 4-2-90; operative 5-2-90 (Register 90, No. 17). 

§ 7505. Investigations. 

(a) The Department may make periodic or special investigation of any 
licensee to ascertain his competence and physical condition with respect 
to operating for-hire vessels. 

(b) The Department may investigate the operation of any vessel sub- 
ject to this article and article 2 (commencing with section 760) chapter 

2, division 3 of the Harbors and Navigation Code, for the sole purpose 
of ascertaining compliance therewith. 

NOTE: Authority cited: Secfion 770, Harbors and Navigation Code. Reference: 
Sections 764, 765, 766, 767 and 769, Harbors and Navigation Code. 

History 
]. New NOTE filed 4-2-90; operative 5-2-90 (Register 90, No. 17). 



Article 8. Yacht and Ship Broker Licenses 

§ 7601. General Definitions. 

Unless otherwise expressly indicated or compelled by the context in 
which used, words, phrases, and references appearing in this Chapter 
shall have meanings as ascribed herein. 

(a) An "'exclusive listing" is a written agreement between the owner 
of a vessel and a broker which provides that the commission is due the 
broker named in the contract if the boat is sold, traded, or exchanged 
within the time limit which must be specified in the contract by the said 
broker, by any other broker, or by the owner. 

(b) An "'open listing" is a written agreement between the owner of a 
vessel and a broker which authorizes the broker to negotiate the sale, 
trade, or exchange of the vessel, but reserves to the owner the right, with- 
out incurring a liability for the payment of a commission to said broker, 
to negotiate the sale, trade, or exchange of said vessel himself, or to enter 
into open listing agreements with other brokers respecting said vessel. 

(c) "Advertising" is any written or printed communication or oral 
communication made in accordance with a text or outline that has been 
reduced to written form which is published for the purpose of inducing 
persons to sell or purchase a product or use a service. 

(d) An "applicant" is a person applying to the Department of Boating 
and Waterways for a license. 

(e) The "Act" is the Yacht and Ship Brokers Act and regulations per- 
taining thereto. 

(f) The "Code" is the Harbors and Navigation Code. 

(g) The "Director" is the Director of the Department of Boating and 
Waterways. 

(h) The "Department" is the Department of Boating and Waterways. 

(i) An "examination" is an examination to qualify for any license is- 
sued under authority of the Yacht and Ship Brokers Act. 

(j) A "license" is any license issued under authority of the Yacht and 
Ship Brokers Act. 

(k) The "licensee" is a licensed broker or salesman. 

(1) A "permanent license" is a Yacht and Ship Broker's or Salesman's 
License originally issued for one year and renewable for one or two years, 
as opposed to a salesman's temporary license issued for sixty days. 

(m) The "Yacht and Ship Brokers Act" is Chapter 5 of Division 3, Ar- 
ticle 2 of the Code. 

(n) "Consummated" means that buyer and seller shall have a signed 
purchase agreement, which agreement shall contain all the conditions of 
the sale, and said conditions have been met. 

(o) "Completed" means all the conditions of the purchase agreement 
have been met and the bill of sale has been passed from seller to buyer. 
NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference: 
Section 701, Harbors and Navigation Code. 

History 

1. Repealer of Article 8 (Sections 7601-7631, not consecutive, and new Article 8 
(Sections 7601-7622) filed 12-1-78; effective thirtieth day thereafter (Register 
78, No. 48). For prior history, see Registers 66, No. 43; 68, No. 46; 69, No. 10; 
69, No. 30; 69, No. 46; 70, No. 11; 70, No. 19; 71, No. 20. 

2. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 

§ 7602. Advertising. 

(a) Advertising of any service for which a license is required under the 
provisions of the Yacht and Ship Brokers Act shall disclose the name of 
the business as shown on the required license. 

(b) In addition to the name of the broker on signs or in advertising, the 
words "licensed yacht broker," "yacht broker," "ship broker," or "boat 
broker," or "brokerage" in each such context may be used to indicate that 
the broker is a licensed yacht broker. 



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(c) No person, firm, or corporation may use any of the designations set 
forth in subdivision (b) hereof unless duly licensed under the Yacht and 
Ship Brokers Act, or otherwise exempted by law. 
NOTE: Authorily cited: Section 703, Harbors and Navigation Code. Reference: 
Section 708, Harbors and Navigation Code. 

History 
]. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§ 7603. Investigative Authority. 

(a) The department may, with reasonable cause to suspect that a person 
or business is acting in the capacity of a broker, investigate that person 
or business to ascertain whether a license is or is not required. 

(b) The department shall have authority to investigate and take lawful 
action deemed advisable with regard to complaints against brokers or 
salesmen acting only in a capacity for which they must be licensed. 

(c) Any person, including a partnership or corporation purchasing 
used yachts for resale or taking yachts in trade for resale, shall transfer 
actual title to any such yacht into his name, or have in his possession, sub- 
ject to inspection by the department, a good and sufficient bill of sale or 
other fit evidence of title if such person or firm wishes to claim exemption 
from licensing requirements of the Yacht and Ship Brokers Act. 
NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference: 
Sections 703, 706, 720, 732, 733 and 734, Harbors and Navigation Code. 

History 

1 . Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§ 7604. Trust Accounts. 

(a) In the absence of the broker, a licensed salesman authorized in writ- 
ing by the broker, or other persons authorized by this section to make 
withdrawals from trust accounts, shall make deposits to trust accounts 
pursuant to section 714 of the Harbors and Navigation Code. 

Withdrawals shall not be made from a trust account maintained as pro- 
vided by section 714 of the Harbors and Navigation Code except upon 
the signature of at least one of the following: 

(1) The broker; 

(2) A salesman, or group of salesmen jointly who are in the employ of 
the broker and who have been authorized in writing by the broker to make 
withdrawals from such trust accounts. The broker shall not authorize 
more than one salesman or group of salesmen at any one time to make 
such withdrawals; 

(3) Where the licensee is a corporation, any corporate officer who may 
be designated in writing by the corporation. 

(b) Every broker required to maintain such trust fund account shall 
keep records of all funds deposited therein, which records shall clearly 
indicate the date and from whom he received the money, the date depos- 
ited, the dates of withdrawals, and other pertinent information concern- 
ing the transaction. 

(c) Failure to maintain a trust fund account when required, and to de- 
posit trust funds received promptly in said account, may be construed to 
be commingling, in violation of section 732, subsection (e) of the Har- 
bors and Navigation Code. 

(d) Upon request, the above-written authorization shall be made avail- 
able to the department for its inspection. 

(e) A check received from the offeror may be held uncashed by the bro- 
ker until acceptance of the offer if 

(1) the check by its terms is not negotiable by the broker or if the offer- 
or has written instructions that the check shall not be deposited nor 
cashed until acceptance of the offer and 

(2) the offeree is informed that the check is being so held before or at 
the time the offer is presented for acceptance. 

(0 In these circumstances if the offeror's check was held by the broker 
in accordance with subdivision (e) until acceptance of the offer, the check 
shall be placed into a neutral escrow depository or the trust fund account 
or into the hands of the offeree if offeror and offeree expressly so provide 
in writing not later than the next business day following acceptance of the 
offer unless the broker receives written authorization from the offeree to 
continue to hold the check. 



NotE: Authority cited; Section 703, Harbors and Navigation Code. Reference: 
Sections 714 and 716, Harbors and Navigation Code. 

History 

1. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

2. New subsections (e) and (f) filed 4-2-90; operative 5-2-90 (Register 90, No. 
17). 

§ 7605. Shared Listings. 

If a broker intends to or does share a listing with other brokers, he must 
obtain authorization in writing from his principal to do so in his authori- 
zation to sell (listing agreement). 

NotE: Authority cited: Section 703, Harbors and Navigation Code. Reference: 
Section 716, Harbors and Navigation Code. 

History 
I. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§ 7606. Fees. 

In addition to license examination fees required by Sections 717 and 
718 of the Harbors and Navigation Code to accompany applications for 
licenses, all other appropriate fees prescribed by Section 736 shall ac- 
company such applications. 

NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference: 
Sections 717, 718 and 736, Harbors and Navigation Code. 

History 

1. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§ 7606.1 . Time Periods for Processing Yacht and Ship 
Broker, Salesman, and Associated Licenses. 

(a) The Department shall notify the applicant, in writing, within 10 
days from receipt of application, that the application is complete, or that 
the application is deficient, and what specific information is required. 

(b) The Department shall then process the completed application for 
license(s), as required by Sections 717, 718, 722, 723, 724, 725, 727,728, 
729, and/or 735, Harbors and Navigation Code, and reach a decision to 
issue a license within 30 to 90 days, the median being 60 days. 

NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference: 
Sections 717, 718 and 724, Harbors and Navigation Code; and Section 
15376(a)-(c), Government Code. 

History 
1 . New section filed 10-31-83; effective thirtieth day thereafter (Register 83, No. 
45). 

§ 7607. Written Examination. 

An applicant who fails to appear for a scheduled written examination 
without notifying the Department prior to the exam date shall forfeit the 
examination fee and be required to pay an additional exam fee prior to 
taking any subsequent examination. 

NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference: 
Sections 717, 718 and 721, Harbors and Navigafion Code. 

History 

1 . Repealer and new section filed 4-2-90; operative 5-2-90 (Register 90, No. 1 7). 

§ 7608. Broker Qualifications. 

(a) In addition to those persons specified in Section 719 of the Harbors 
and Navigation Code, if an individual can show that department records 
are incorrect, and he can, in fact, prove that he has been employed as a 
licensed Yacht and Ship Broker or Salesman for at least one year within 
the preceding five years, such applicant shall be deemed qualified to take 
the Yacht Broker's examination for a Yacht and Ship Broker's License. 

(b) In addition to applicants described in Section 719(d), every appli- 
cant for a broker's or salesman's license and every person entitled to act 
in the capacity of a broker on behalf of a corporation or partnership shall 
be at least 18 years of age. 

NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference: 
Section 719, Harbors and Navigation Code. 

History 
1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 

§ 7609. License Reinstatement 

Apphcation for reinstatement of a license shall be on a form furnished 
by the department and must be accompanied by the appropriate fees. 
NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference: 
Sections 726 and 736, Harbors and Navigation Code. 



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History 
1. Editorial conection of NOTE filed 10-1 1-85 (Register 85. No. 41), 

§ 7610. License Renewal (Failure to) Penalties. 

(a) (Reserved) 

(b) Any licensee who has failed to notify the department of a change 
of address, business structure, or in the case of a salesman, employing 
broker prior to renewal of license, and who does not subinit the proper 
fee or fees for such change along with his renewal application and whose 
renewed or changed license is delayed beyond the expiration date of the 
license all or partly because of such failure, shall be subject to the penalty 
for reinstatement under provisions of Section 724(b) of the Harbors and 
Navigation Code. 

NOTE: Authority cited: Section 703. Harbors and Navigation Code. Reference: 
Sections 722, 723, 724, 726 and 738, Harbors and Navigation Code. 

History 

1 . Orderof Repeal of subsection (a) filed 6-3-85 by OAL pursuant to Government 
Code Section 11 349.7; effective thirtieth day thereafter (Register 85, No. 26). 

2. Editorial conection of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§ 761 1 . Temporary Salesman's License. 

(a) For purposes of Section 719(a) of the Harbors and Navigation 
Code, experience while holding a temporary license as a salesman shall 
not be considered as partial experience necessary to qualify for a broker' s 
license. 

(b) In the event a salesman having the only temporary license per- 
mitted by subsection 725(a) of the Harbors and Navigation Code does not 
obtain a permanent license, and two years have passed since the expira- 
tion date of such temporary license, the department may issue another 
temporary license, pursuant to provisions of subsection 726(a) of the 
Harbors and Navigation Code. 

NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference: 
Sections 719, 725 and 726, Harbors and Navigation$Code. 

History 
1. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§ 7612. Salesman's License, Transfer of, Restrictions on 
Employment. 

(a) A temporary license to act as a salesman will be issued only to an 
applicant who has valid employment as such salesman with a duly li- 
censed broker. 

(b) A salesman's license or temporary salesman's license shall be- 
come inoperative upon the termination of such salesman's employment 
by a licensed broker, or upon the suspension or revocation of the employ- 
ing broker's license. However, such salesman's license may be trans- 
ferred to another licensed broker upon the holder's request. Such request 
for transfer must be accompanied by an application, as prescribed by the 
department, in writing executed by the new broker and the appropriate 
fee. 

(c) No salesman shall associate himself with more than one broker 
concurrently. 

NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference: 
Sections 719, 725 and 726, Harbors and Navigation Code. 

History 
1 . Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§ 7613. Corporation and Partnership Licenses. 

(a) A broker's license issued to a corporation or partnership shall dis- 
close the name and license number of the corporation or partnership, 
along with the name of the officer or partner entitled to act on behalf of 
the corporation or partnership. Additional licenses issued to other offi- 
cers or partners acting on behalf of the corporation or partnership only 
shall disclose the name and license number of the corporation or partner- 
ship, followed by the name of such additional officers or partners. In the 
event the corporation or partnership is dissolved, all hcenses disclosing 
the name and number of the corporation or partnership become invalid. 

(b) In the event a licensed partner of a partnership, who is also licensed 
as a broker on his own behalf while acting on behalf of the partnership. 



violates any provision of the Yacht and Ship Brokers Act or regulations 
pertaining thereto, which is grounds for suspension or revocation of a li- 
cense, both licenses may be suspended or revoked, and if necessary, ei- 
ther or both bonds attached. If such licensed partner, while acting on his 
own behalf commits such violation, his licenses to act on his own behalf 
and on behalf of the partnership are both subject to such suspension or 
revocation, and if necessary, his bond is subject to attachment. 

(c) In the event a licensed officer of a corporation, who is also licensed 
as a broker on his own behalf while acting on behalf of the corporation, 
violates any provision of the Act or regulations pertaining thereto which 
is grounds for suspension or revocation of a license, both licenses may 
be suspended or revoked, and if necessary, either or both bonds attached. 
If such licensed officer of a corporation, while acting on his own behalf 
commits such violation, his licenses to act on his own behalf and on be- 
half of the corporation are both subject to such suspension or revocation 
and his bond is subject to attachment. 

NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference: 
Sections 728 and 729, Harbors and Navigation Code. 

History 

1. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§7614. Broker's Bond or Deposit. 

(a) The Yacht and Ship Broker's Bond Endorsement used shall be of 
the form prescribed and provided by the department. 

(b) The department may not release its interest in a cash deposit made 
pursuant to section 73 1 of the Harbors and Navigation Code until a surety 
bond, dated to include the period for which the cash deposit was made, 
is filed with the department. 

(c) The period required by subsection (b) will not exceed four years. 

NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference: 
Sections 730 and 731, Harbors and Navigation Code. 

History 
1. New subsections (b) and (c) filed 4-2-90; operative 5-2-90 (Register 90, No. 
17). 

§ 7615. Coercive and Oppressive Methods. 

It shall constitute coercive and oppressive methods within the mean- 
ing of Section 732, subsection (g) of the Harbors and Navigation Code, 
if a licensee who is also the owner, operator, or otherwise in charge of a 
landing pier or mooring place: 

(a) Exacts or demands all or part of a broker' s fee or commission from 
the sale by the owner or any other licensed broker or salesman of any 
yacht or boat moored at said landing pier or mooring place solely because 
said yacht or boat was or is moored at such pier or landing place; 

(b) Expels or denies or refuses to permit the continued use or lease of 
such landing pier or mooring place by an owner of a boat or yacht for the 
reason that said boat or yacht is listed for sale with another licensee; 

(c) Expels or denies or refuses to permit the continued use or lease of 
such landing pier or mooring place by the purchaser of a boat or yacht 
moored at such landing pier or mooring place because another licensee 
had made the sale of such boat or yacht. 

NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference: 
Sections 732 and 733, Harbors and Navigation Code. 

History 
1. Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

4. Amendment of first paragraph filed 7-24-96; operative 8-23-96 (Register 96, 
No. 30). 

§7616. Definite Place of Business. 

A definite place of business shall mean premises owned, rented, or 
leased by the broker which premises shall be locatable at a street address 
or road intersection and/or slip number, if applicable. A post office box 
and/or telephone number shall not be considered a definite place of busi- 
ness. 

NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference: 
Section 735, Harbors and Navigation Code. 

History 
1. Editorial correcdon of NOTE filed 10-1 1-85 (Register 85, No. 41). 



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§7617. Branch Offices. 

(a) Any broker who regularly transacts business at a location other 
than his established principal office, or who employs other brokers or 
salesmen to do so shall be deemed to be maintaining a branch office at 
such location. 

(b) A temporary exhibit of less than three weeks duration at a county 
or state fair or an organized boat or sport show shall not be deemed a 
branch office. 

(c) If a broker uses more than one fictitious business name at the same 
location, a separate branch office license shall be obtained in addition to 
the current principal or branch office license at that location. 

NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference: 
Sections708 and 735, Harbors and Navigation Code. 

History 

1. Editorial coirection of NOTE filed 10-1 1-8.S (Register 85, No. 41). 

2. New subsection (c) filed 4-2-90; operative 5-2-90 (Register 90, No. 17). 

§7618. Identification Card. 

(a) A broker's identification card shall be issued only to the person 
named on the license, and there shall also appear on such card the name 
of the corporation, partnership or association which he represents. The 
broker to whom such identification card is issued shall place his signature 
thereon. 

(b) A salesman's identification card shall be issued only to a licensed 
salesman, and shall bear the name of the employing licensed broker. The 
salesman shall place his signature thereon. 

NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference: 
Section 735, Harbors and Navigation Code. 

History 
1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 

§ 7619. Broker-Salesman Relationship Agreement. 

Every broker shall have a written agreement with each of his salesmen, 
whether licensed as a salesman or as a broker under a broker-salesman 
arrangement. The agreement shall be dated and signed by the parties and 
shall cover material aspects of the relationship between the parties. 

Signed copies of the agreement shall be retained by the parties thereto, 

and shall be available for inspection by the department or its designated 

representative on request. 

NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference: 
Section 703, Harbors and Navigation Code. 

History 
1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 

§ 7620. Retention of Records. 

A licensed broker shall retain for four years copies of all listings, de- 
posit receipts, cancelled checks, trust records, and other documents ex- 
ecuted by him or obtained by him in connection with a transaction for 
which a Yacht and Ship Broker' s License is required. Upon request, these 
records shall be made available to the Department for their inspection. 
NotE: Authority cited: Section 703, Harbors and Navigation Code. Reference: 
Sections 703, 714, 715 and 716, Harbors and Navigation Code. 

History 
1. Editorial correction of NOTE filed 10-11-85 (Register 85, No. 41). 

§ 7621 . Government Office. 

When the holder of a Yacht and Ship Broker or Salesman's License 
is required to relinquish his license to assume an office in local, state, or 
federal government, he may have it reinstated at any time within six 
months of termination of his service in such office upon payment of the 
appropriate renewal fee. 

NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference: 
Section 724, Harbors and Navigation Code. 

History 
1 . Editorial correction of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§ 7622. Property Taxes. 

Any agreement between a buyer and seller of a yacht negotiated by a 
broker to prorate personal property taxes for a twelve-month period shall 
specify the applicable tax year and the date of the commencement of such 



twelve-month period, and shall clearly state the actual amounts payable 
by the seller and buyer. 

NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference: 
Sections 703 and 716, Harbors and Navigation Code. 

History 
1. Editorial conection of NOTE filed 10-1 1-85 (Register 85, No. 41). 

§ 7623. Offers. 

(a) The licensee must present or cause to be presented to the owner of 
the vessel any offer to purchase received prior to the compleuon of a sale, 
unless expressly instructed by the owner not to present such an offer. 

(b) A hcensee shall not present compeUng offers to purchase a vessel 
to the owner in such manner as to induce the owner to accept an offer 
which will provide the greatest compensation to the licensee, without re- 
gard to the benefits, advantages, and/or disadvantages to the owner. 
NOTE: Authority cited: Section 703, Harbors and Navigation Code. Reference: 
Sections 709 and 716(c), Harbors and Navigation Code. 

History 
1. New section filed 4-2-90; operative 5-2-90 (Register 90, No. 17). 

Article 9. Small Boat Towing and Safety 

§ 7700. Definitions. 

NOTE: Authority cited: Sections 621 and 652, Harbors and Navigation Code. Ref- 
erence: Sections 610, 61 1 , 612, 615,616, 617, 61 8, 620and 622, Harbors and Nav- 
igation Code. 

History 

1. New article 9 (sections 7700-7710) filed 12-3-85; effective thirtieth day there- 
after (Register 85, No. 49). 

2. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17). 

§ 7701 . Applications for Certificate of Registration of a 
Small Boat Towing Service. 

NOTE: Authority cited: Sections 621 and 652, Harbors and Navigation Code. Ref- 
erence: Sections 611, 615, 616 and 622, Harbors and Navigation Code. 

History 
1. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17). 

§ 7702. Requirements for Certificate of Registration. 

NOTE: Authority cited: Sections 615, 621 and 652, Harbors and Navigation Code. 
Reference: Chapter 4.3 (commencing with section 610), Division 3, Harbors and 
Navigation Code; and Section 1760.5, Insurance Code. 

History 

1. Amendment of subsection (d)(3) filed 8-28-86; effective thirtieth day thereaf- 
ter (Register 86, No. 35). 

2. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17). 

§ 7703. Partnership Certificate of Registration. 

NOTE: Authority cited: Sections 621 and 652, Harbors and Navigation Code. Ref- 
erence: Section 611, 612 and 615, Harbors and Navigation Code. 

History 

1 . Amendment of subsection (d)(3) filed 8-28-86; effective thirtieth day thereaf- 
ter (Register 86, No. 35). 

2. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17). 

§ 7704. Corporation Certificate of Registration. 

NOTE: Authority cited: Sections 621 and 652, Harbors and Navigation Code. Ref- 
erence: Section 611, 612 and 615, Harbors and Navigation Code. 

History 

1. Amendment of section heading filed 8-28-86; effective thirtieth day thereafter 
(Register 86, No. 35). 

2. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17). 

§ 7705. Authorized Operators. 

NOTE: Authority cited: Sections 621 and 652, Harbors and Navigation Code. Ref- 
erence: Sections 611, 612, 615 and 622, Harbors and Navigation Code. 

History 
1. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17). 

§ 7706. Grounds for Refusal to Issue Certificate of 
Registration. 

History 
1 . Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17). 

§ 7707. Suspension of Certificate of Registration. 

History 
1. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17). 



Page 497 



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Title 14 



§ 7707.1 . Refusal to Issue. 

NOTE: Authority cited: Sections 62] and 652, Harbors and Navigation Code. 

History 
1. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17). 

§ 7708. Provisions Affecting Use of Certificate of 
Registration. 

History 
1 . Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17). 

§ 7709. Time Periods for Processing. 

History 

]. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17). 

§7710. Arbitration Fees. 

History 

1. Repealer filed 4-2-90; operative 5-2-90 (Register 90, No. 17). 



Article 10. 



Boating Safety Education 
Regulations 



§ 8000. Criteria for Required Boating Safety Course. 

(a) The Department shall approve and maintain an approved listing of 
boating safety education courses. 

(b) Boating safety education courses approved by the Department 
shall be general, entry level courses. The courses shall contain at least the 
following elements or subjects: 

(1) Boating laws and regulations 

(2) Rules of the road and navigational lights 

(3) Safety and responsibility 

(4) Required equipment 

(5) Basic boat handling 

(6) Navigational aids (Uniform State Waterway Marking System) 

(7) Boating operation emergencies and accidents 

(8) Alcohol 

(9) Weather. 

(c) The certificate for completion and passage of the course shall in- 
clude: 

(1) The name of the person passing the course. 

(2) Date of course completion. 

(3) The name of the organization that provided the course. 

(4) A statement that the course has been approved by the California 
Department of Boating and Waterways. 

(d) The fees for these approved boating education courses shall not ex- 
ceed the expenses associated with providing the courses. 

NOTE: Authority cited: Section 668.1, Harbors and Navigation Code. Reference: 
Sections 655, 655.2, 658, 658.5 and 668. 1 , Harbors and Navigation Code; and sec- 
tion 191.5, Penal Code. 

History 

1. New secfion filed 10-17-91; operafive 11-18-91 (Register 92, No. 30). 

2. Amendment of subsection (d) filed 7-24-96; operative 8-23-96 (Register 96, 
No. 30). 



Article 1 1 . Selection Process for Private 

Architectural, Landscape Architectural, 

Engineering, Environmental, Land Surveying 

and Construction Project Management Firms 

§8100. Purpose. 

The purpose of the selection process for private architectural, land- 
scape architectural, engineering, environmental, land surveying and 
construction project management firms is to provide procedures that as- 
sure such services are engaged on the basis of demonstrated competence 
and qualifications for the types of services to be performed, at fair and 
reasonable prices to the Department of Boating and Waterways. 
NOTE: Authority cited: Section 4526, Government Code. Reference: Sections 
4525 and 4526, Government Code. 



History 
1. New article 1 1 (sections 8100-8100.13) and section filed 5-3-2004; operative 
5-3-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No. 
19). 

§8100.1. Definitions. 

The following definitions shall be used in this article. 

(a) "Architectural, landscape architectural, engineering, environmen- 
tal, land surveying services" includes those professional services of an 
architectural, landscape architectural, engineering, environmental, or 
land surveying nature as well as incidental services that members of these 
professions and those in their employ may logically or justifiably per- 
form. 

(b) "Construction project management" means those services pro- 
vided by a licensed architect, registered engineer, or licensed general 
contractor which meet the requirements of Section 4529.5 of the Govern- 
ment Code for management and supervision of work performed on state 
construction projects. 

(c) "Contract" means any agreement entered into by the Department 
for architectural, landscape architectural, engineering, environmental, 
land surveying, and construction project management services. 

(d) "Department" means the Department of Boating and Waterways. 

(e) "Firm" means any individual, firm, partnership, corporation, 
association, or other legal entity permitted by law to practice the profes- 
sions of architecture, landscape architecture, engineering, environmental 
services, land surveying or construction project management. 

(f) "Multiple Contracts" means contracts that may be awarded to mul- 
tiple firms. 

(g) "On-Call Contracts" means contracts for projects that involve 
more than one component, site, or activity. 

(h) "Single Firm Contract" means a contract that is let to the single 
most qualified firm. 

(i) "Small Business" is a firm that meets the definition of "small busi- 
ness" provided in Government Code Section 14837. 

(j) "Specific Project Contract" is a contract for a project that involves 
a single subject matter and may result in a single contract. 
NOTE: Authority cited: Secfion 4526, Government Code. Reference: Sections 
4525, 4526 and 14837 Government Code. 

History 
1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government 

Code secfion 1 1343.4 (Register 2004, No. 19). 

§ 81 00.2. Contract Types. 

(a) The Department may utilize specific project contracts, single firm 
contracts, muUiple contracts, or on-call contracts depending on the spe- 
cific situation. All contract types are subject to this Article. 

(b) MuUiple contracts may be awarded for contracts that cover differ- 
ent, specific geographic regions; contracts that encompass different spe- 
cific, unique disciplines; or contracts for which there would be a primary 
contractor, with a backup contractor in the event the primary contractor 
is unavailable for the assignment. 

NOTE: Authority cited: Secfion 4526, Government Code. Reference: Sections 
4525 and 4526, Government Code. 

History 

1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government 
Code secfion 11343.4 (Register 2004, No. 19). 

§ 8100.3. Selection Criteria. 

The Department shall establish selection criteria that will comprise the 
basis for the selection of eligible firms to perform the required services. 
The criteria may include such factors as professional experience of the 
firm in performing services of similar nature; quality and relevance of re- 
cently completed or ongoing work; reliability, continuity, and location 
of firm to the project site; staffing capability; education and experience 
of key personnel to be assigned; knowledge of applicable regulations and 
technology associated with the services required; specialized experience 
of the firm in the services to be performed; participation as small business 
firm; and other factors the Department deems relevant to the specific task 
to be performed. 



Page 498 



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Title 14 



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§ 8100.10 



The Department may weigh these factors according to the nature of the 
proposed project, the complexity and special requirements of the specific 
services, and the needs of the Department. 

NOTE: Authority cited: Section 4526, Government Code. Reference: Sections 
4526, 4527 and 4529.5, Government Code. 

History 
1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Governmenl 

Code section 11343.4 (Register 2004, No. 19). 

§ 81 00.4. Request for Qualifications. 

(a) A statewide announcement of each proposed project shall be pub- 
lished in the California State Contracts Register, in accordance with the 
Government Code (commencing with Section 14825), and in the publi- 
cations of the respective professional societies. Failure of any profes- 
sional society to publish the announcement shall not invalidate any con- 
tract. 

(b) The announcement for each proposed project shall include, at a 
minimum, a brief description of the services required, location and dura- 
tion of services, criteria upon which the award will be made, submittal 
requirements, contact person for the Department, and the final response 
date for receipt of statements from firms of their demonstrated compe- 
tence and professional qualifications. 

(c) The Department shall identify potentially qualified small business 
firms interested in contracting with the Department, and shall provide co- 
pies of project announcements to those small business firms that have in- 
dicated an interest in receiving the announcements. Failure of the Depart- 
ment to send a copy of an announcement to any firm shall not invalidate 
any contract. 

NOTE: Authority cited: Section 4526, Government Code. References: Sections 

4526, 4527 and 14825, Government Code. 

History 
1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government 
Code section 11343.4 (Register 2004, No. 19). 

§ 8100.5. Annual Submission of Qualifications. 

In compliance with Government Code section 4527, interested firms 
may submit their qualifications and performance data to the Department 
annually throughout the year. The Department may consider such quali- 
fications and performance data when selecting a contractor in accordance 
with Section 8100.6. Such qualifications and performance data that are 
on file with the Department for longer than one year, and not subsequent- 
ly renewed or refiled, shall not be considered by the Department in its 
selection process. 
NOTE: Authority cited: Section 4527, Government Code. Reference: Section 

4527, Government Code. 

History 

1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government 
Code section 11343.4 (Register 2004, No. 19). 

§ 81 00.6. Selection of Qualified Firms. 

(a) After the expiration of the final response date in the published proj- 
ect announcement, the Department shall review and evaluate the written 
statements of demonstrated competence and professional qualifications 
using the selection criteria in the published project announcement, and 
rank, in order of preference, the firms determined as most highly quali- 
fied to perform the required services. 

(b) The Department shall conduct discussions with at least the three 
most eligible firms, or a lesser number if fewer than three eligible firms 
have responded, about anticipated concepts and the benefit of alternative 
methods for furnishing the required services. From the firms with which 
discussions are held, the Department shall select, in order of preference, 
not less than three firms, or lesser number if fewer than three eligible 
firms responded, deemed to be the most highly qualified to perform the 
required services. 

NOTE: Authority cited: Section 4526, Government Code. Reference: Sections 
4526 and 4527, Government Code. 

History 

1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government 
Code section 11343.4 (Register 2004, No. 19). 



§8100.7. Negotiation. 

(a) From among the firms selected in Section 8100.6, as most highly 
qualified to perform the services required, the Department shall attempt 
to negotiate a satisfactory contract with the best qualified firm at a com- 
pensation which the Department determines is fair and reasonable. 

(b) If the Department is unable to negotiate a safisfactory contract with 
the best qualified firm at a compensation which the Department deter- 
mines is fair and reasonable, negotiations with that firm shall be termi- 
nated and negotiations undertaken with the second best qualified firm. If 
unable to negotiate a satisfactory contract with the second best qualified 
firm at a compensation which the Department determines is fair and rea- 
sonable, negotiations with that firm shall be terminated and negotiafions 
undertaken with the third best qualified firm. If unable to negotiate a sat- 
isfactory contract with the third best qualified firm at a compensation 
which the Department determines is fair and reasonable, negotiations 
with that firm shall be terminated. 

(c) Where the Department is unable to negotiate a satisfactory contract 
in accordance with subsections (a) and (b), the Department shall continue 
the negotiations process with the remaining qualified firms, if any, in or- 
der of preference, until a satisfactory contract is reached. If unable to ne- 
gotiate a satisfactory contract with any of the qualified firms, the Depart- 
ment shall abandon the negotiation process for the required services. 
NOTE: Authority cited: Section 4526, Government Code. References: Sections 
4527 and 4528, Government Code. 

History 

1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government 
Code section 11 343.4 (Register 2004, No. 19). 

§ 81 00.8. Estimated Value of Services. 

(a) Before entering into discussion with any firm selected pursuant to 
Section 8100.6, Department staff shall prepare an esUmate of the value 
of the proposed contract, based upon accepted rates for comparable ser- 
vices. The estimate will serve as a guide in determining fair and reason- 
able compensation in the negotiation of a satisfactory contract in accor- 
dance with the provisions of Section 8100.7, and shall not be disclosed 
until award of the contract or abandonment of the negotiation process for 
the services to which it relates. 

(b) At any time the Department determines the esfimate prepared in ac- 
cordance with (a) to be unrealistic for any reason, the Department shall 
reevaluate the estimate and, if necessary, modify the estimate. 

NOTE: Authority cited: Section 4526, Government Code. References: Sections 

4526 and 4528, Government Code. 

History 

1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government 
Code section 1 1343.4 (Register 2004, No. 19). 

§8100.9. Amendments. 

Where the Department determines that a change in the contract is nec- 
essary during the performance of the services, the parties may, by mutual 
consent, in writing, agree to modifications, additions or deletions in the 
general terms, conditions and specifications for the services involved, 
with a reasonable adjustment in the firm's compensation. 
NOTE: Authority cited: Section 4526, Government Code. References: Sections 

4527 and 4528, Government Code. 

History 
1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government 
Code section i 1343.4 (Register 2004, No. 19). 

§ 81 00.1 0. Contracting in Phases. 

Where the Department determines it is necessary or desirable for a 
project to be performed in separate phases, the Department may negotiate 
a partial compensation for the initial phase of the services required; pro- 
vided, however, the Department first determines that the firm selected is 
best qualified to perform the entire project. Tlie contract shall include a 
provision that the Department may, at its option, utilize the firm to per- 
form other phases of the services at a compensation which the Depart- 
ment determines is fair and reasonable, to be later negotiated and in- 
cluded in a mutual written agreement. In the event that the Department 
exercises its option under the contract to utilize the firm to perform other 



Page 499 



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§ 8100.11 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



phases of the project, the procedures of Sections 8100.7 and 8100.8, re- 
garding estimates of value of services and negotiation shall be followed. 
NOTE: Authority cited: Section 4526, Government Code. References: Sections 
4526 and 4528. Government Code. 

History 
1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government 
Code section 11343.4 (Register 2004, No. 19). 

§ 81 00.1 1 . Department's Power to Require Bids. 

If the Department determines that the services are technical in nature 
and involve little professional judgment and that requiring bids would be 
in the public interest, a contract may be awarded on the basis of competi- 
tive bids and not the procedures of this Article. 

NOTE: Authority cited: Section 4526, Government Code. References: Section 
4529, Government Code. 

History 
1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government 

Code section 11343.4 (Register 2004, No. 19). 

§ 8100.12. Unlawful Considerations. 

Each contract shall include a provision by which the firm warrants that 
the contract was not obtained or secured through rebates, kickbacks or 
other unlawful considerations either promised or paid to any Department 
employee. Failure to adhere to this warranty may be cause for contract 
termination and recovery of damages under the rights and remedies due 
the Department under the default provision of the contract. 
NOTE: Authority cited: Section 4526, Government Code. References: Section 
4526, Government Code. 

History 

1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government 
Code section 11343.4 (Register 2004, No. 19). 

§ 8100.13. Prohibited Relationships. 

No Department employee who participates in the evaluation or selec- 
tion process leading to award of a contract shall have a relationship with 
any of the firms seeking that contract, if that relationship is subject to the 
prohibition of Government Code Section 87100. 

NOTE: Authority cited: Sections 4526 and 4527. Government Code. References: 
Sections 4526, 4527, 87100 and 87102, Government Code. 

History 

1. New section filed 5-3-2004; operative 5-3-2004 pursuant to Government 
Code section 1 1343.4 (Register 2004, No. 19). 



Chapter 2. Regulations for Implementation 

of the California Environmental Quality Act 

of 1970 

NOTE: Authority cited: Section 21082, Public Resources Code; and Section 63.9, 
Harbors and Navigation Code. Reference: Sections 21000, 21174, Public Re- 
sources Code; and Sections 71.4 and 72.5, Harbors and Navigation Code. 

History 

1 . New Chapter 2 ( §§ 8500 through 8530, not consecutive) filed 6-15-73; effec- 
tive thirtieth day thereafter (Register 73, No. 24). 

2. Amendment filed 5-13-80; effective thirtieth day thereafter (Register 80, No. 
20). 

3. Repealerof Chapter 2 (Articles 1-6, Sections 8500-8530, not consecutive) filed 
12-3-81; effective thirtieth day thereafter (Register 81, No. 49). For prior histo- 
ry, see Register 74, No. 25. 



Chapter 3. Conflict of Interest Code 

§ 8600. General Provisions. 

The Political Reform Act, Government Code Sections 81000, et seq., 
requires state and local government agencies to adopt and promulgate 
Conflict of Interest Codes. The Fair Political Practices Commission has 
adopted a regulation. Title 2 California Code of Regulations Section 
18730, which contains the terms of a standard Conflict of Interest Code, 
which can be incorporated by reference, and which may be amended by 
the Fair Political Practices Commission to conform to amendments in the 
Political Reform Act after public notice and hearings. Therefore, the 



terms of Title 2 California Code of Regulations Section 18730 and any 
amendments to it duly adopted by the Fair Political Practices Commis- 
sion, along with the attached Appendix in which officials and employees 
are designated and disclosure categories are set forth, are hereby incorpo- 
rated by reference and constitute the Conflict of Interest Code of the De- 
partment of Boating and Waterways. 

Pursuant to Title 2 of the California Code of Regulations Section 
1 8730, designated employees shall file statements of economic interests 
with their agencies. Upon receipt of the statements of the Director and 
Commissioners, the agency shall make and retain a copy and forward the 
original of these statements to the Fair Political Practices Commission. 
NOTE: Authority cited: Sections 87300 and 87304, Government Code. Reference: 
Section 87300, et seq.. Government Code. 

History 

1. New Chapter 3, Articles 1-5 (Sections 8600-8650, not consecutive) filed 
5-1 3-77; effective thirtieth day thereafter. Approved by Fair Political Practices 
Commission 3-17-77 (Register 77, No. 20). 

2. Repealer of Chapter 3 (Articles 1-5, Sections 8600-8650, not consecutive) and 
new Chapter 3 (Secdon 8600 and Appendix) filed 2-26-81; effective thirtieth 
day thereafter. Approved by Fair Political Practices Commission 12-1-80 
(Register 81, No. 9). 

3. Amendment of section and Appendix filed 2-1 1-2003; operative 3-13-2003. 
Submitted to OAL for printing only (Register 2003, No. 7). 

Appendix 

Designated Disclosure 

Employees/Division Categoiy 

Executive Office 

Department Director 1 

Deputy Director 1 

Staff Counsel 2 

Legislation, Public Information & Regulations 

Senior Boating Administrator/Division Chief 2 

Associate Governmental Program Analyst 2 

Boating Facilities Division 

CEA/Division Chief 2 

Supervising Civil Engineer 2 

Senior Engineering Geologist 2 

Oceanographer 2 

Staff Services Manager 2 

Aquatic Pest Control Program Manager 2 

Aquatic Pest Control Assistant Program Manager 2 

Senior Civil Engineer 2 

Associate Civil Engineer 2 

Civil Engineering Associate 2 

Assistant Civil Engineer 2 

Junior Civil Engineer 2 

Boating Facilities Manager II 2 

Project Managers 2 

Associate Landscape Architect 2 

Associate Governmental Program Analyst 2 

Staff Services Analyst 2 

Environmental Scientist 2 

Administrative Sen'ices Division 

Staff Services Manager/Division Chief 2 

Business Services Officer 2 

Staff Information Systems Analyst (Supervisor) 2 

Associate Information Systems Analyst (Specialist) 2 

Assistant Information Systems Analyst 2 

Boating Operations Division 

Staff Services Manager/Division Chief 2 

Staff Services Manager 2 

Designated Disclosure 

Employees/Division Category 

Associate Governmental Program Analyst 2 

Staff Services Analyst 2 

Program Managers 2 

Department Wide 

Consultants* 1 

Members of the Boating and Waterways Commission 2 

Disclosure Categories 

1 . Every person in Category 1 must disclose all investments, interests 
in real property, income and his or her status as a director, officer, partner, 
trustee, employee or holder of any position of management in any busi- 
ness entity. 



Page 500 



Register 2004, No. 19; 5-7-2004 



Title 14 



Department of Boating and Waterways 



§8600 



2. Every person in Category 2 must disclose investments, interests in 
real property, income and iiis or her status as a director, officer, partner, 
trustee, employee or holder of any position of management in a business 
entity, if the business entity, source of income or real property is: 

(a) subject to or foreseeably may be subject to any laws of the State of 
California relating to the control of recreational boating, or subject to any 
rules or regulations promulgated by the Department of Boating and Wa- 
terways; 

(b) one which has contracted, or in the future foreseeably may contract 
with the Department to provide services, supplies, materials, machinery, 
instrumentation, or equipment to the Department; 

(c) associated with the manufacture, distribution, sale, repair, or ad- 
vertisement of recreational boating, marine equipment and supplies or 
other related products; 

(d) regularly engaged in the business of environmental impact reports 
or environmental impact statements; or 



(e) an interest in real property in or contiguous to recreational boating 
facilities. 



^Consultants shall be included in the list of designated employees and shall dis- 
close pursuant to the broadcast disclosure category in the code subject to the fol- 
lowing limitation: 

The director may determine in writing that a particular consultant, although a "des- 
ignated position," is hired to perform a range of duties that is limited in scope and 
thus is not required to comply fully with the disclosure requirements described in 
this section. Such determination shall include a description of the consultant's du- 
ties and, based upon that description, a statement of the extent of disclosure re- 
quirements. The director's determination is a public record and shall be retained 
for public inspection in the same manner and location as this conflict of interest 
code. 



• 



* * 



Page 501 



Register 2004, No. 19; 5-7-2004 



.A. 



Barclays Official 

California 

Code of 
Regulations 



Title 14. Natural Resources 

Division 5. San Francisco Bay Conservation and 
Development Commission 



Vol. 19 



THOIVISOIM 

^ 

WEST 



Barclays Official California Code of Regulations 

425 Market Street • Fourth Floor • San Francisco, CA 94105 
800-888-3600 



Title 14 



San Francisco Bay Conservation and Development Commission 



Table of Contents 



Division 5. San Francisco Bay Conservation and Development Commission 



Table of Contents 



Page 



Page 



Chapter 1. 
Article 1. 



§ 10110. 
§ 10111. 

Article 2. 

§ 10120. 
§ 10121. 

§ 10122. 
§ 10123. 

§ 10124. 

§ 10125. 
§ 10126. 
§ 10127. 
§ 10128. 
§ 10129. 



Article 3. 



§ 10130. 
§ 10131. 
§ 10132. 

§ 10133. 
§ 10134. 



Chapter 2. 



Article 1. 

§ 10210. 
§ 10211. 
§ 10212. 
§ 10213. 
§ 10214. 

Article 2. 

§ 10220. 
§ 10221. 

Article 3. 

§ 10230. 
§ 10231. 
§ 10232. 

Article 4. 



§ 10240. 
§ 10241. 

§ 10242. 

§ 10243. 
§ 10244. 



General Provisions .503 

Interpretation of 

Regulations 503 

Purpose of Regulations. 

Explanation of References. 

Definitions 503 

Emergency. 

San Francisco Bay and Certain 

Waterways Jurisdiction. 

Slough. 

Areas Excluded from Commission 

Jurisdiction. 

Coastal Management Program for 

San Francisco Bay. 

Substantial Change. 

Members of the Commission. 

Houseboat. 

Live-Aboard Boat. 

Line of Highest Tidal Action. 

Boundary and Jurisdictional 
Questions 505 

Exclusion of Extraction of Materials 

for Sampling. 

McAteer-Petris Act Jurisdiction and 

Bay Plan. 

Exclusion of Larkspur and 

Greenbrae Boardwalk Areas from 

McAteer-Petris Act Jurisdiction. 

Determination of Shoreline and Map 

Boundaries. 

Determination of Permit 

Requirements for Subdivisions. 

The Commission, the Staff, and 

the Advisory Review Boards 505 

Regular Meetings 505 

Date and Time. 

Changes. 

Notice of Changes. 

Meeting Notice. 

Who Shall Receive Notice. 

Special Meetings 506 

Time and How Called. 

Notice. 

Emergency Meetings 506 

Time and Reason For. 

Notice. 

Prerequisites for Commission 

Action. 

Meetings — Quorum and 

Procedures 506 

Quorum. 

Voting — Number Required to 

Authorize Action. 

Procedures — Robert's Rules of 

Order. 

Agenda. 

Recording of Meetings. 



§ 10245. 
§ 10246. 

Article 5. 

§ 10250. 
§ 10251. 
§ 10252. 

Article 6. 

§ 10260. 

§ 10261. 

§ 10262. 

Article 7. 

§ 10270. 

§ 10271. 

Article 8. 

§ 10280. 
§ 10281. 

§ 10282. 

§ 10283. 

§ 10284. 

§ 10285. 
§ 10286. 

§ 10287. 

§ 10288. 



§ 10289. 



Chapter 3. 



Subchapter 1. 

Article 1. 

§ 10300. 

Subchapter 2. 

Article 1. 

§ 10310. 

§ 10311. 
§ 10312. 
§ 10313. 



Minutes of Meetings. 
Public Comment Period. 

Officers 507 

Duties of the Chair. 
Duties of Vice Chair. 
Acting Chair. 

Staff 508 

Executive Director — Appointment 

and Term. 

Executive Director — Duties and 

Delegation. 

Acting Executive Director. 

Advisory Boards 508 

Membership and Function of Design 
Review Board. 

Membership and Function of 
Engineering Criteria Review Board. 

Ex Parte Communications 508 

Purpose. 

Definition of an Ex Parte 

Communication. 

Definitions of a Quasi-Judicial 

Proceeding and of a 

Quasi-Legislative Proceeding. 

General Policy and Disclosure of Ex 

Parte Communications. 

Permissible Ex Parte 

Communications. 

When the Policy Applies. 

Notification of Parties and 

Interested Persons. 

Party Opportunity to Respond to an 

Ex Parte Communication. 

Ex Parte Communications After the 

Close of the Public Hearing and 

After the End of the Time Period for 

Receipt of Written 

Communications; Public Comments 

and Responses. 

Field Trips. 

Major Permits Procedures: 
Applications, Amendments to 
Applications, and Application 
Summaries 508.2 

Definitions 508.2 

Definitions 508.2 

Major Permits. 

Applications for a Major 

Permit 508.2 

Application Requirements 508.2 

Summary of Prerequisites for Filing 

a Major Permit Application. 

Waiver or Modification of Filing 

Requirements. 

Postponement of Filing 

Requirements. 

Parcel Map. 



Page i 



(7-25-2008) 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



§ 10314. 
§ 10315. 

§ 10316. 
Article 2. 



Article 3. 

§ 10350. 

§ 10351. 
§ 10352. 
§ 10353. 



Article 4. 

§ 10360. 

Article 5. 

§ 10370. 

§ 10371. 

§ 10372. 

Subchapter 3. 

§ 10380. 
§ 10381. 

Chapter 4. 

Subchapter 1. 

Article 1. 

§ 10400. 
§ 10401. 

§ 10402. 

Article 2. 

§ 10410. 
§ 10411. 

§ 10412. 

Article 3. 



§ 10420. 
§ 10421. 



§ 10422. 
§ 10423. 

Subchapter 2. 



§ 10430. 
§ 10431. 



Page 

List of Affected Property Owners. 

Submittal of Design Review Board 

Materials. 

Submittal of Engineering Criteria 

Review Board Materials. 

Schedule of Fees for Filing 

and Processing Permit 

Applications 510.1 

Filing Procedures 510.1 

When an Application Is Submitted 
for Filing. 
Method of Filing. 
Notification of Filing Decision. 
Appeal from the Executive 
Director's Determination Not to File 
an Application. 

Distribution of 

Applications 511 

Distribution of Applications. 

Amendments to Applications 511 

Non-Material Amendments to 
Pending Major Permit Applications. 
Material Amendments to Pending 
Major Permit Applications. 
Effect of Refusal to Withdraw 
Original Application. 

Summaries of Applications 

for Major Permits 512 

Contents. 

Distribution of Application 

Surmnary. 

Major Permit Procedures: 
Commission Hearings and Public 
Comments on Applications 512 

Commission Hearings 512 

Scheduhng Public Hearings 512 

Scheduling Initial Hearing. 

Notice to Applicant and Interested 

Parties. 

Hearing Postponement. 

Hearing Procedures and Field 

Trips 513 

Order of Hearing. 

Post-Hearing Questions and 

Statements. 

Field Trips. 

Additional Hearings, 
Withdrawal, and Off- 
Calendar Items 513 

Continued Hearings. 

Application Withdrawal and 

Removal from Active 

Consideration. 

Necessity of Additional Public 

Hearing After Delay. 

Procedures for a Hearing on a 

Materially Amended Application. 

Pubhc Comments on 

Applications 514 

Distribution of Comments. 

Treatment of Siinilar 

Communications. 



Chapter 5. 



Major Permit Procedures: 
Approval or Denial of Permits 



Article 1. 

§ 10500. 
§ 10501. 
§ 10502. 
§ 10503. 
§ 10504. 

§ 10505. 



Staff Recommendations 

Staff Recommendation. 

Contents of Resolution of Approval. 

Contents of Resolution of Denial. 

Terms and Conditions. 

Staff 

Recommendation — Presentation. 

Applicant's Comments and 

Commission Questions. 



Page 



514 
514 



Article 2. 


Voting 


§ 10510. 


Time for Voting. 


§10511. 


Straw Votes. 


§ 10512. 


Voting Procedure. 


§ 10513. 


Voting by Members Absent from 




Hearing. 


§ 10514. 


Commission Findings on Permits. 


§ 10515. 


Specific Action. 


§ 10516. 


Environmental Documentation 




Required for Public Hearing and 




Vote on Major Permit. 


Article 3. 


Issuance of Permits 


§ 10520. 


Contents of Permits. 


§ 10521. 


Mailing to Permittee(s). 


§ 10522. 


User Fees for Disposal of Dredged 




Material Into Commission's "Bay" 




or "Certain Waterways" 




Jurisdictions. 


§ 10523. 


Distribution of Permit Copies. 


§ 10524. 


Notice of Permit. 


§ 10525. 


Notice of Receipt and 




Acknowledsment. 


§ 10526. 


Disputes over Contents of a Permit. 


Article 4. 


Denial of Permits 


§ 10530. 


Notification of Denial of Permit 



515 



517 



Article 5. 



10540. 



Chapter 6. 



Application. 

Notice of Completion 

Notice of Completion. 

Permit Procedures: 
Administrative and Emergency 
Permits 



518 



518 



518 



ubchapter 1. 


Procedures for Permits 




for Minor Repairs or 




Improvements 




(Administrative 




Permits) 


Article 1. 


Definitions 


§ 10600. 
§ 10601. 
§ 10602. 


Administrative Permit. 
Minor Repairs or Improvements. 
Administrative Permits Related to 
Dredging and Disposal Projects. 


Article 2. 


Applications for 




Administrative Permits 


§ 10610. 
§ 10611. 

§ 10612. 


Application. 

Executive Director's Determination 

If an Application for an 

Administrative Permit Should Be 

Filed. 

Amendments to Administrative 

Permit Applications. 


Article 3. 


Approval or Denial of 




Administrative Permits 


§ 10620. 
§ 10621. 


Administrative — Listing. 
Executive Director's and 



518 
518 



519 



520 



Commission's Action After Listing. 



Page 



(7-25-2008) 



Title 14 



San Francisco Bay Conservation and Development Commission 



Table of Contents 



Page 



§ 10622. 


Criteria and Contents of Permits. 




§ 10728. 


§ 10623. 


Denial of an Administrative 








Permit — Notice to Applicant. 




S 10729. 


§ 10624. 


Denial of an Administrative 
Permit — Filing with the 
Commission. 






§ 10625. 


Environmental Documentation 




Chapter 8. 




Required for Approval of Minor 




Article 1. 




Permit. 






Subchapter 2. 


Emergency Permits 


.. 521 




Article 1. 


Applications 


.. 521 


§ 10800. 


§ 10640. 


Method of Application. 






§ 10641. 


Necessary Information for 








Application. 




Article 2. 


Article 2. 


Procedures 


. . 521 




§ 10650. 


Verification of Emergency. 




§ 10810. 


§ 10651. 


Consultation with Chair. 






§ 10652. 


Criteria for Granting Permit. 






§ 10653. 


Documentation Subsequent to 
Issuance of an Emergency Permit. 




§ 10811. 


§ 10654. 


Report to Commission. 




§ 10812. 


Article 3. 


Emergency Repairs to 








Maintain Public Services 


522 





Page 

Termination of Individual Dredged 
Material Disposal Allocarions. 
Reimplementation of Individual 
Allocations for the In-Bay Disposal 
of Dredged Material. 

Amendments to Pennits 524.2 

Determination of Materiality 

or Nonmateriality of a 

Proposed Amendment 524.2 

Determination of Materiality or 
Nonmateriality of a Proposed Permit 
Amendment. 

Amendments to Administrative 

Permits 524.2 

Applications for and Action on 
Nonmaterial Amendments to an 
Administrative Permit. 
Applications for Material 
Amendments to an Administrative 
Permit. 

Criteria and Procedures for 
Processing a Material Amendment 
to an Administrative Permit. 



§ 10660. 



Chapter 7. 
Article 1. 



Emergency Repairs to Maintain 
Public Services. 

Special Rules 522 

Special Rules for Non-Water- 
Oriented Fills 522 



§ 10700. 


Minor Fill for Improving Shoreline 




Appearance. 


§ 10701. 


Minor Fill for Improving Public 




Access. 


§ 10702. 


Using the Bay as a Design Asset. 


§ 10703. 


Historic Ship. 


§ 10704. 


Fill Necessary to the Welfare of the 




Public to Protect Historic 




Structures. 


§ 10705. 


Pre-Existing Residential Structure. 


Article 2. 


Other Special Rules 523 


§ 10710. 


Continuing Commission 




Jurisdiction. 


§ 10711. 


Cantilevering. 


§ 10712. 


Terms and Conditions for 




Subdivisions. 


§ 10713. 


Compliance with Time Limits for 




Acting on Permit Applications 




When Commission Vote Requires 




Further Findings. 


§ 10713.5. 


In-Bay Dredged Material Disposal 




Sites. 


Article 3. 


Fees for Commission 




Documents 524.1 



Article 3. 

§ 10820. 

§ 10821. 

§ 10822. 

§ 10823. 
§ 10824. 

Chapter 9. 
Article 1. 



Amendments to Major Permits 
Applications for Nonmaterial 
Amendments to Major Permits. 
Procedure Depending on Whether 
an Amendment Is Material or 
Nonmaterial. 

Criteria and Procedures for 
Processing Nonmaterial 
Amendments to Major Permits. 
Notice of Decision to Deny 
Nonmaterial Amendment. 
Applications for and Processing of 
Material Amendments to Major 
Permits. 

Expansion of Existing Uses and 
Claims of Exemption 



. 525 



Resolutions on Expansion of 
Existing Uses 



• 



§ 10714. Who Receives What Commission 

Documents for Free and Who Pays 
for What Cominission Documents. 

§ 10715. Receipt of Commission Documents 

Pursuant to a Calendar Year 
Subscription. 

§ 10716. Receipt of Specific Commission 

Documents After Payment of 
Specific Cost. 

Article 4. Dredging 

§ 10720. Comtnission Procedure for 

Implementation of Individual 
In-Bay Dredged Material 
Allocations. 

§ 10721. Target Volumes. 

§ 10726. Small Dredger Exception. 

§ 10727. Small Dredgers. 



§ 10900. 


Filing Deadline. 


Article 2. 


Claims of Exemption 


§ 10910. 


Claim Form. 


§ 10911. 


Filing Deadline. 


§ 10912. 


Number of Copies of 




Form — Distribution. 


§ 10913. 


Exhibits Illustrating Claim. 


§ 10914. 


Other Substantiating Evidence. 


§ 10915. 


When a Claim of Exemption Is 




Filed. 


§ 10916. 


Procedures. 


§ 10917. 


Commission Determination and 




Findings. 


§ 10918. 


Effect of Grant of Exemption. 


§ 10919. 


Effect of Denial of Exemption. 


§ 10920. 


Effect of Transfer of Property on 




Claim of Exemption. 


§ 10921. 


Abandonment of an Exemption. 



526 

526 
526 



Chapter 10. 



524.1 



Article 1. 



Amendments to the San Francisco 
Bay Plan or the Suisun Marsh 
Protection Plan and Other 

Planning Matters 

Plan Amendments 



527 
527 



§ 11000. 
§ 11001. 



Information Required to Consider 
Plan Amendment. 
Preparafion, Contents and 
Circulation of Draft Adequate 
Descriptive Notice. 



Page 



(7-25-2008) 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 







Page 




Page 


§ 11002. 


Commission Determination to 
Initiate Amendment Process; 
Adoption and Mailing of 




§ 11303. 


Referral to the Attorney General by 
the Commission or the Executive 
Director. 


§ 11003. 


Descriptive Notice. 
Staff Planning Report. 




Subchapter 2. 


Procedures for the 


§11004. 
§ 11005. 
§ 1 1006. 


Public Hearing(s). 

Staff Planning Recommendation. 

Contents of a Resolution of 

Approval. 






Issuance of Cease and 
Desist Orders, Permit 
Revocation Orders, and 


§ 11007, 
Appendix G 


Notice of Adopted Amendments. 


528.3 




Civil Penalty Orders 532 


§ 11008. 


Payment of Costs of Processing of 
an Amendment to a Conunission 
Planning Document. 




Article 1. 

§ 11310. 


Definitions 532 

Definitions. 


Article 2. 


Other Planning Matters 


528.5 


Article 2. 


Commission Cease and Desist 


§ 11020. 


Other Planning Matters. 






Orders, Permit Revocation 


§ 11021. 


Power Plant Siting. 






ni^^^^r. „^A r^;,,;! d^^^u., 



Chapter 11. Special Area Planning 528.6 

§ 11 100. Definition and Effect of a Special 

Area Plan. 
§ 11101. Special Area Planning Procedures. 

§ 11 102. Contents of a Resolution to Develop 

a Special Area Plan. 
§ 11103. Periodic Reports on Special Area 

Planning. 

Chapter 12. Certification and Amendment of 
Suisun Marsh Local Protection 
Program 529 



Orders 532 



Article L 


Certification of Local 




Protection Program 529 


§ 11200. 


Local Agency Requirements for 




Components of the Local Protection 




Program. 


§ 11201. 


County Endorsement of the Local 




Protection Program. 


§11202. 


Commission Distribution of an 




Endorsed Local Protection Program 




or Components Thereof. 


§ 11203. 


Contents and Distribution of Staff 




Summary. 


§ 11204. 


Public Hearing(s). 


§ 11205. 


Staff Recommendation. 


§ 11206. 


Contents of Resolution of 




Certification. 


§ 11207. 


Contents of Resolution of 




Non-Certification. 


§ 11208. 


Notice of Certification of Local 




Protection Program. 



Article 2. 



§ 11210. 

§ 11211. 
§ 11212. 



§ 11213. 
§ 11214. 

§ 11215. 

Chapter 13. 
Subchapter 1. 

§ 11300. 

§ 11301. 
§ 11302. 



Amendment of the Suisun 

Marsh Local Protection 

Program 530 

Amendment Submittal 

Requirements. 

Submittal of an Amendment. 

Processing Amendments to the 

Local Protection Program or 

Component Thereof. 

Definition of a Minor Amendment. 

Designation of an Amendment as 

Minor. 

Frequency of Amendments. 



Enforcement Procedures 



General Provisions 

Grounds for the Issuance of Cease 
and Desist Orders. 
Grounds for Permit Revocation. 
Grounds for the Imposition of 
Administrative Civil Penalties. 



531 
531 



§ 11320. 


Staff Investigation and Discovery. 


§ 11321, 


Commencing Commission 




Enforcement Proceedings. 


§ 11322. 


Respondent's Required Response to 




the Violation Report. 


§ 11323. 


Distribution of Notice of 




Enforcement Hearings. 


§ 11324. 


Distribution of the Violation Report, 




Statement of Defense Form(s), and 




Recommended Enforcement 




Decision. 


§ 11325. 


Ex Parte Contacts. 


§ 11326. 


Contents of an Executive Director's 




Recommended Enforcement 




Decision. 


§11327. 


Enforcement Hearing Procedure. 


§ 11328. 


Acceptance of Late Evidence. 


§ 11329. 


Admissibility of Evidence. 


§ 11330. 


Adoption of an Enforcement 




Cojnmittee or a Hearing Officer 




Recommended Enforcement 




Decision. 


§11331. 


Referral of the Recommended 




Enforcement Decision to the 




Commission. 


§ 11332. 


Conmiission Action on 




Recommended Enforcement 




Decision. 


§ 11333. 


Conunission Hearing Procedures on 




Direct Referral of an Enforcement 




Matter by the Executive Director. 


§ 11334. 


Voting on a Proposed Commission 




Cease and Desist Order, a Proposed 




Commission Permit Revocation 




Order, or a Proposed Commission 




Civil Penalty Order. 


§11335. 


Staff Report and Recommendation. 


§ 11336. 


Distribution of Staff Report and 




Recommendation. 


§ 11337. 


Notice of Public Hearing. 


§ 11338. 


Public Hearing Procedure. 


§ 11339. 


Admissibility of Evidence. 


§ 11340. 


Contents of Cease and Desist 




Orders. 


§11341. 


Modifications of Cease and Desist 




Orders Issued by the Executive 




Director. 


§ 11342. 


Modification of Cease and Desist 




Orders Issued by the Commission. 


§ 11343. 


Appeal from the Modification of a 




Commission Cease and Desist 




Order. 


§ 11344. 


Amendments to Cease and Desist 




Orders. 


§11350. 


Contents of Permit Revocation 




Orders. 


§11351. 


Modification of Permit Revocation 




Orders. 



Page 



IV 



(7-25-2008) 



Title 14 



San Francisco Bay Conservation and Development Commission 



Table of Contents 



Page 



§ 11352. 


Appeal from Modification of a 
Permit Revocation Order. 


§ 11442. 


§ 11360. 


Preparation and Execution of 


Article 2. 




Commission Cease and Desist 




Orders and Permit Revocation 


§11450. 




Orders. 


§ 11451. 


§ 11361. 


Issuance. 


§ 1 1452. 


§11362. 


Service of Copies. 




§ 11370. 


Enforcement Record. 


Chapter 15. 


§11380. 


Contents of Complaint for 




Administrative Imposition of Civil 






Penalties. 




§ 11381. 


Commission Hearing on Complaint 
for Administrative Imposition of 
Civil Penalties. 


Subchapter 1. 


§ 11382. 


Further Procedures for Commission 
Review of Complaints for the 


Article 1. 




Issuance of Civil Penalty Orders. 


§ 11500. 
§ 11501. 


§ 11383. 


Contents of a Commission Civil 
Penalty Order. 


§ 11384. 


Modification of a Commission Civil 
Penalty Order. 


Article 2. 


§ 11385. 


Appeal from Modification of a 
Permit Revocation Order. 




§11386. 


Standardized Fines. 





Chapter 14. 



Marsh Development Permits Issued 

by Local Governments and 

Appeals Therefrom 538.2 



Subchapter 1. 


Marsh Development Permits 
Issued by Local 






Governments 


538.2 


Article 1. 


Application 


538.2 


§ 11400. 


Application of Chapter. 




Article 2. 


Marsh Development Permits 
Issued by Local 






Governments 


.. 539 


§ 11410. 


Order of Permits. 




§ 11411. 


Application. 




§11412. 


Notice to the Commission of 
Pending Applications. 




§ 11413. 


Local Government Notice to Other 
Persons of Pending Applications. 




§ 11414. 


Contents of Local Government 
Notice. 




Article 3. 


Issuance of Local Marsh 






Development Authorizations . . . 


. . 339 


§ 11420. 


Contents of Local Marsh 
Development Authorization. 




§11421. 


Finality of Local Marsh 
Development Authorization. 




Article 4. 


Commission Review of Marsh 






Development Authorization . . . . 


. . 540 


§ 11430. 


Notice of Final Local Action. 




§ 11431. 


Filing of Notice. 




§ 11432. 


Notice to Public by Executive 
Director. 




Subchapter 2. 


Appeals to the Commission 





of Local Marsh 

Development 

Authorizations 



• 



Article 1. 

§ 11440. 
§ 11441. 



Filing Appeals 

Appealing the Issuance of a Local 
Government Marsh Development 
Authorization. 
Effect of Appeal to the 
Commission. 



540 



540 



§ 11510. 
§11511. 

§ 11512. 

Article 3. 

§ 11520. 



§ 11521. 

Article 4. 

§ 11530. 
§ 11531. 
§ 11532. 
§ 11533. 

§ 11534. 

Article 5. 

§ 11540. 
§ 11541. 
§ 11542. 
§ 11543. 
§ 11544. 

Article 6. 

§ 11550. 
§ 11551. 

§ 11552. 
§ 11553. 

Subchapter 2. 

§ 11560. 
§ 11561. 



Chapter 16. 



Page 

Duties of Affected Local 
Government on Appeal. 

Appeal Procedures 541 

Determination to Consider Appeal. 
Public Hearing Procedures. 
Notification of Commission Action 
to Local Government. 

Implementation of the California 
Environmental Quality Act 541 

When the Commission Is 

the Lead Agency 541 

Environmental Determinations 

of Exemption 541 

Statutory Exemptions. 

Categorical Exemptions. 

Initial Environmental 
Information and 
Determination If 
Environmental Assessment 
Required 542 

Executive Director to Prepare Initial 

Environmental Assessment 

Information. 

Determination of Significant 

Adverse Environmental Impacts and 

Preparation of an Environmental 

Assessment. 

Notification of Applicant or 

Proponent. 

Preparation of an 

Environmental Assessment 542 

Use of a Federal Environmental 

Impact Statement as an 

Environmental Assessment. 

Contents of an Environmental 

Assessment. 

Use of Consultants 542 

Notification of Applicant. 

Selection of a Consultant. 

Fees in Excess of Estimates. 

Relationship of Commission and 

Consultant. 

Use and Ownership of 

Consultant-Prepared Material. 

Environmental Fees 543 

Basic Fee. 

Preparation Fee. 

Consultant Fees. 

Exception. 

When Environmental Fees Must Be 

Paid. 



Appeals 

Grounds for Appeal. 

Time Limits for Appeal and 

Consultation. 

Hearing an Appeal. 

Commission Determination. 

When the Commission Is a 
Responsible Agency 



544 



544 



Review and Comment on 
Environmental Documents. 
Effect of Comments. 

San Francisco Bay Conservation 
and Development Commission — 
Conflict of Interest Code 544 



Page 



(7-25-2008) 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



Page 

Chapter 17. Regionwide Permits 543 

Article!. Issuance of Regionwide 
Permits and Abbreviated 
Regionwide Permits 545 

§11700. Regionwide Permit. 

§11700.1. Abbreviations. 

Article 2. Notice of Intent to Proceed 

Under Regionwide Permits 545 

§ 11710. Need to File Notice of Intent to 

Proceed. 
§ 11711. Contents of Notice of Intent to 

Proceed. 
§ 11712. Executive Director's Determination 

Whether a Notice of Intent to 

Proceed Is Complete. 
§ 11713. Approval of a Notice of Intent to 

Proceed. 
§ 11714. Notification of Executive Director's 

Decision. 
§ 11715. Project Sponsor Acknowledgment 

and Execution of Regionwide 

Permit. 
§ 11716. Application After Executive 

Director's Determination That a 

Notice of Intent to Proceed Is Not 

Complete or from Executive 

Director's Disapproval of a Notice 

of Intent to Proceed. 

Article 3. Notice of Intent to Proceed 

Under Abbreviated 

Regionwide Permits 546 

§ 11717. Need to File Notice of Intent to 

Proceed. 
§ 11718. Executive Director's Determination 

Whether a Notice of Intent to 
Proceed Under an Abbreviated 
Permit is Complete. 
§ 11719. Approval or Disapproval of a Notice 

of Intent to Proceed Under an 
Abbreviated Regionwide Permit; 
Notification of Determination. 
§ 11720. Project Sponsor Acknowledgement 

and Execution of Abbreviated 
Regionwide Permit. 
§ 11721. Application After Executive 

Director's Determination That a 
Notice of Intent to Proceed Is Not 
Complete or from Executive 
Director's Disapproval of a Notice 
of Intent to Proceed Under an 
Abbreviated Regionwide Permit. 

Appendix A 547 

Appendix B 548 

Appendix C 549 

Appendix DBCDC Application Form 

March 16, 2000 550 

Appendix E 569 

Appendix F 570 

Appendix G 572 

Appendix H 572 

Appendix I 574 

Appendix J 578 



Page 

Appendix K 580.1 

Appendix L 580..3 

Appendix M 580.4 

Appendix N 580.5 

Chapter 18. Selection of Consultants to 

Provide Selected Professional 
Services in the Following 
Areas: Architecture, Landscape 
Architecture, Engineering, Land 
Surveying, Environmental, and 
Construction Project 

Management 580.12 

§ 11810. Prohibition Against Unlawful 

Practices. 
§ 1 1 820. List of Small Businesses That 

Provide Services in the Following 
Areas: Architecture, Landscape 
Architecture, Engineering. Land 
Surveying, Environmental Services, 
or Construction Project 
Management. 
§ 11830. Annual Statements of Qualifications 

and Performance Data. 
§ 11840. Establishment and Announcement 

of Criteria on Which Consultant 
Will Be Chosen. 
§ 1 1 850. Publication and Mailing of Requests 

for Statements of Qualifications 
Prior to Selection of a Consultant. 
§ 1 1 860. Contents of a Statement of 

Qualificadons and Performance 
Data. 
§ 11870. Discussion of Anticipated Concepts 

and Relafive Unlity of Alternative 
Methods of Approach. 
§ 1 1880. Evaluation of Current Statements of 

Qualifications and Performance 
Data and Statements Submitted in 
Response to Request. 
§11890. Contract Negotiation. 

Chapter 19. San Francisco Bay Plan 580.14 

§ 11900. Bay Plan Amendments. 

Chapter 20. San Francisco Bay Area Seaport 

Plan 580.16 

§ 1 1945. Seaport Plan Amendments. 

Chapter 21. Special Area Plans 580.18 

§ 1 1960. 1996 San Francisco Waterfront 

Special Area Plan Amendment. 
§ 11961. Approval of White Slough Specific 

Area Plan. 

Chapter 23. Suisun Marsh Protection Plan 580.18 

§11970. Marsh Plan Amendments. 

Chapter 24. Suisun Marsh Local Protection 

Plan 580.19 

§ 11990. Certification of Amendment to 

Solano County Local Protection 
Prosram. 



Page vi 



(7-25-2008) 



Title 14 



San Francisco Bay Conservation and Development Commission 



§ 10122 



Division 5. San Francisco Bay 
Conservation and Development Cbrhmission 



Chapter 1. General Provisions 
Article 1. Interpretation of Regulations 



§ 1 01 1 0. Purpose of Regulations. 

These regulations supplement and interpret the McAteer-Petris Act 
(Sections 66600 through 66661 of the Government Code), the Suisun 
Marsh Preservation Act (Sections 29000 through 296 10 of the PubUc Re- 
sources Code), the San Francisco Bay Conservation and Development 
Commission' s San Francisco Bay Plan, the San Francisco Bay Conserva- 
tion and Development Commission's Suisun Marsh Protection Plan, the 
Coastal Zone Management Act of 1972, as amended (16 U.S. C. Sections 
1451 through 1464), the California Environmental Quality Act (Sections 
21000 through 21 176 of the Public Resources Code), and the act creating 
the State Coastal Conservancy (Division 21 of the Public Resources 
Code), as all of them may be amended from time to time. No attempt has 
been made to reproduce in these regulations the definitions, policies, and 
other provisions found in the Acts and in the Plans. Therefore, these regu- 
lations should be read together with the Acts and the Plans. 
NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Title 7.2, Government Code; Divi- 
sions 13, 19 and 21, Public Resources Code; San Francisco Bay Plan; Suisun 
Marsh Protection Plan; and 16 U.S.C. Sections 1451-1464(a). 

History 

1 . New Division 5 (§§ 101 10 through 10836, not consecutive) filed 1 1-10-70; ef- 
fective thirtieth day thereafter (Register 70, No. 46). 

2. Amendment filed 1 1-28-80; effective thirtieth day thereafter (Register 80, No. 
48). 

3. Amendment filed 5-18-87; operative 6-17-87 (Register 87, No. 30). 



.," "Subchapter ," 

)" denote subdivi- 



§10111. Explanation of References. 

References in these regulations to "Chapter 

"Article ," "Section ," and "Paragraph (. 

sions of these regulations. 

NOTE: Authority cited: Section 66632(0, Government Code; and Section 
29201(e), Public Resources Code, Reference: Title 7.2, Government Code; and 
Divisions 13, 19 and 21, Public Resources Code. 

History 

1 . Amendment filed 1 1-28-80; effective thirtieth day thereafter (Register 80, No. 
48). 

2. Amendment filed 5-18-87; operative 6-17-87 (Register 87, No. 30). 



Article 2. Definitions 

§10120. Emergency, 

"Emergency," as used in the McAteer-Petris Act, the Suisun Marsh 
Preservation Act, and in these regulations other than in the context of 
calling an emergency meeting means a situation that poses an immediate 
danger to life, health, property, or essential public services and that de- 
mands action by the Commission more quickly than the Commission's 
normal permit procedures would allow. A situation that poses an imme- 
diate danger to life, health, property, or essential public services may in- 
clude, for example, an accident, sabotage, vandalism, fire, flood, earth- 
quake, or soil or geologic movements. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Pubhc Resources Code. Reference: Sections 66632(f) and 11125.5, 
Government Code; and Section 29509(a), Public Resources Code. 

History 

1. Amendment filed 5-18-87; operative 6-17-87 (Register 87, No. 30). 

2. Amendment filed 9-25-96; operative 10-25-96 (Register 96, No. 39). 



§ 10121. San Francisco Bay and Certain Waterways 
Jurisdiction. 

(a) These regulations shall refer to the upland boundary of the Com- 
mission's jurisdiction over "San Francisco Bay," pursuant to Govem- 
mentCode Section 66610(a) ("San Francisco Bay" jurisdiction), and the 
upland boundary of the Commission's jurisdiction over those certain wa- 
terways listed in Government Code Section 66610(e) ("certain water- 
ways" jurisdiction) as "the shoreline." The shoreline shall be defined as 
being located at mean high water in those areas other than tidal marsh and 
at five feet above mean sea level in areas of tidal inarsh. Where necessary 
to distinguish the upland edge of the Commission's San Francisco Bay 
jurisdiction from the upland edge of the Commission's certain water- 
ways jurisdiction, these regulations refer to the former as "San Francisco 
Bay shoreline" and the latter as "the certain waterways shoreline." 

(b) The Commission's San Francisco Bay and certain waterways juris- 
dictions include all bodies of water having the nature of open water, how- 
ever named, including sloughs, harbors, straits, channels, estuaries, bays, 
marinas, basins, and coves up to the shoreline. 

(c) The Commission's San Francisco Bay jurisdiction includes those 
portions of other waterways, however named, that are in fact parts of San 
Francisco Bay rather than tributaries and that are shown as parts of San 
Francisco Bay on the San Francisco Bay Plan Maps, including but not 
limited to: 

Map No. Name and Location 

4 Castro Creek (Richmond) adjacent to the remaining marsh 
6 Mt. Eden Creek (Hayward), passing through the remaining 

marsh 

6 Alameda Creek Flood Control Channel (Hayward), passing 
through the remaining marsh 

7 Coyote Creek, bayward of the railroad crossing (Fremont and 
Santa Clara County) 

7 San Francisquito Creek (Palo Alto), bayward of the inland 

boundary of the Faber Tract 
6 Redwood Creek (Redwood City), bayward from the Redwood 

City Municipal Yacht Harbor 

5 Islais Creek (San Francisco) 

4 Corte Madera Creek, bayward of the railroad crossing 

(Marin County) 
1 & 4 Galinas Creek (Marin County), bayward of the junction of the 

North and South Forks 
1 Novato Creek (Marin County), bayward of the eastern high 

tension line as it existed on September 17, 1965 
1 Petaluma River, bayward of the Highway 37 bridge (Marin and 

Sonoma Counties) 
1 Tolay Creek, bayward of the northernmost point of Lower 

Tubbs Island near the Island Land Club (Sonoma County) 

1 Sonoma Creek, bayward of the High way 37 bridge (Sonoma and 
Solano Counties) 

2 Napa River, bayward of the Highway 37 bridge (Vallejo). 

(d) The Commission's San Francisco Bay jurisdiction includes 
Spoonbill Creek and the unnamed cut running northward just east of Col- 
linsville, Solano County, but not including water areas lying generally 
southward of a line drawn from Simmons Point northeasterly along the 
southern shoreline of Chipps Island, Van Sickle Island, and the mainland, 
to the mouth of Marshall Cut. 

NOTE: Authority cited: Section 66632(f), Government Code. Reference: Section 
66610(a), Government Code; Littoral Dev. Co. v. San Francisco Bay Conserva- 
tion and Dev. Comm'n (1994) 24 Cal.App. 4th 1050, 29 Cal. Rptr. 2d 518. 

History 

1 . Repealer of former Section 10121 , and renumbering and amendment of Section 
10126 to Section 10121 filed 5-18-87; operative 6-17-87 (Register 87, No. 
30). For prior history, see Registers 80, No. 48 and 73, No. 16. 

2. Amendment of section heading, section and NOTE filed 5-24-96; operative 
6-23-96 (Register 96, No. 21). 

3. Change without regulatory effect amending section filed 3-1-2007 pursuant to 
section 100, title 1, California Code of Regulations (Register 2007, No. 9). 

§10122. Slough. 

"Slough" means: 

(a) a stream of water labelled as a slough on the U.S. Geological Sur- 
vey maps current as of September 1, 1968; or 

(b) any other stream of water that passes through a tidal marsh or mud- 
flat or a former tidal marsh or mudflat extending up to the shoreline, ex- 
cept those certain waterways covered by the provisions of subdivision (e) 



Page 503 



Register 2007, No. 9; 3-2-2007 



§ 10123 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



of Government Code Section 66610 and those waterways enumerated in 
Section 10121(b). 

NOTE: Authority cited: Section 66632(f), Government Code. Reference: Section 
66610(a); and Littoral Dev. Co. v. San Francisco Bav Conser\'alion and Dev. 
Comm'n {\99A) 24Cal.App. 4th 1050. 29 Cal. Rptr. 2d 518. 

History 

1. Repealer of former Section 10122, and renumbering and amendment of Section 

10131 to Section 10122 filed 5-18-87; operative 6-17-87 (Register 87, No. 
30). For prior history, see Registers 80, No. 48 and 79, No. 44. 

2. Amendment of subsection (b) and Note filed 5-24-96; operative 6-23-96 
(Regisler96, No. 21). 

§ 10123. Areas Excluded from Commission Jurisdiction. 

(a) An area that would fall within the Commission's jurisdiction only 
as the result of the natural desttnction of a man-made works, such as a 
dike, levee, or other similar tidal control structure, shall remain excluded 
from the Commission' s jurisdiction for a period ending one year after the 
Commission has given an affected property owner written notice of the 
potential extension of the Commission's jurisdiction as a result of the de- 
staiction, or for such longer period as may be specified by Commission 
resolution based upon its finding that repairs of the destruction could not 
physically be completed within one year after receipt of written notice of 
the potential extension of the Commission's jurisdiction; and 

(b) An area that would fall within the Commission's "San Francisco 
Bay" jurisdiction or within its "certain waterways" jurisdiction shall be 
and remain excluded from the Commission's jurisdiction if it could, on 
and at all times subsequent to September 17, 1965, have been removed 
from being touched by tidal waters by simply closing a functioning tidal 
gate. 

NOTE; Authority cited: Section 66632(f), Government Code. Reference: Sections 
66610(a) and (e), Government Code; and Blumenfeld v. San Francisco Bay Con- 
servation and Development Commission. 43 Cal. App. 3d 50 (1974); and Littoral 
Dev. Co. V. San Francisco Bay Conservation and Dev. Comm'n (1994) 24 
Cal.App. 4th 1050, 29 Cal. Rptr.' 2d 518. 

History 

1. Repealer of former Section 10123, and renumbering and amendment of Section 

10132 to Section 10123 filed 5-18-87; operative 6-17-87 (Register 87, No. 
30). For prior history, see Register 80, No. 48. 

2. Amendment of section heading, section and Note filed 5-24-96; operative 
6-23-96 (Register 96, No. 21). 

§ 10124. Coastal Management Program for San Francisco 
Bay. 

"Coastal Management Program for San Francisco Bay" means the 
documents for the San Francisco Bay segment of the California coastal 
zone approved as consistent with the Coastal Zone Management Act of 
1972, as amended, by the Office of Coastal Zone Management, United 
States National Oceanic and Atmospheric Administration. It consists of 
a narrative portion that describes the Bay segment of the California 
Coastal Zone Management Program and BCDC compliance with the re- 
quirements established by the Office of Ocean and Coastal Resource 
Management under Section 306 of the Coastal Zone Management Act. 
It also contains appendices that include all relevant statutes, plans, and 
regulations. 

NOTE: Authority cited: Section 66632(0, Government Code; and Section 
29201(e), Public Resources Code. Reference: The Coastal Zone Management Act, 
as amended, 16 USC Sections 1451-1464; and Section 29205, Public Resources 
Code. 

History 
1 . Repealer of former Section 10124, and renumbering and amendment of Section 

10128 to Section 10124 filed 5-18-87; operative 6-17-87 (Register 87, No. 

30). For prior history, see Registers 80, No. 48 and 73, No. 16. 

§10125. Substantial Change. 

"Substantial change in use" includes any one of the following: 

(a) as to any "salt pond" or "managed wetland," any change in use in- 
cluding abandonment which, for the purposes of this section, shall in- 
clude any draining of water except temporary draining for a short period 
of time in accordance with routine operating practice; or 

(b) as to other areas within the Commission's McAteer-Petris Act ju- 
risdiction, any construction, reconstruction, alteration, or other activity, 
whether or not involving a structure, if the activity either: 



(1) has an estimated cost of $250,000 or more; 

(2) involves a change in the general category of use of a structure or 
of land, i.e., agriculture, residential, commercial, office, industrial, recre- 
ational, vacant non-use, etc.; 

(3) involves a substantial change in the intensity of use; 

(4) adversely affects existing pubhc access or future public access as 
shown on any Commission permit, the San Francisco Bay Plan, any 
Commission special area plan, or any other Commission planning docu- 
ment; or 

(5) is any subdivision of land pursuant to the Subdivision Map Act 
(Government Code Section 66410 et seq.) or other division of land, in- 
cluding a lot split, where the subdivision or other division of land will 
substantially affect either present or future public access to or along the 
shoreline or substantially affect either the present or future suitability of 
a water-oriented priority land use site for that priority use, but not a sub- 
division or other division of land that is brought about in connection with 
the acquisition of an interest in such land by a public agency for wildlife 
habitat, marsh restoration, public recreation, or public access. 

NOTE: Authority cited: Section 66632(f), Government Code. Reference: Sections 
66632(a) and 66654, Government Code. 

History 

1. Renumbering and amendment of Section 10133 to Section 10125 filed 
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis- 
ter 80, No. 48. 

2. Amendment of subsection (b)(1) and new subsection (b)(3) and subsection re- 
numbering 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 (Register97, 
No. 18). 

§ 1 01 26. Members of the Commission. 

"Members of the Commission," "members," and "Commissioner," 
means any Commissioner appointed pursuant to Section 66620 of the 
Government Code and any Alternate appointed pursuant to Section 
66622 of the Government Code, provided that a Commissioner and his 
or her Alternate may not both constitute the two members of the Commis- 
sion appealing an action pursuant to Section 29522 of the Public Re- 
sources Code. 

Note-. Authority cited: Section 29201(e), Public Resources Code. Reference: 
Section 29522, Public Resources Code; and Section 1774, Government Code. 

History 
1. Renumbering and amendment of former Section 10126 to Section 10121, and 
renumbering and amendment of Section 1 01 38 to Section 1 1 26 filed 5- 1 8-87 ; 
operative 6-1 7-87 (Register 87, No. 30). For prior history, see Registers 80, No. 
48 and 79, No. 44. 

§10127. Houseboat. 

A "houseboat" is a boat that is used for a residential or other nonwater- 
oriented purpose and that is not capable of being used for active naviga- 
tion. 

NOTE: Authority cited: Section 66632(f), Government Code; and Secrion 
29201(e), Public Resources Code. Reference: Section 66632, Government Code; 
Section 29008, Public Resources Code; and the San Francisco Bay Conservation 
and Development Commission, San Francisco Bay Plan, Recreation (As amended 
March 20, 1986, pursuant to Government Code Section 66652). 

History 

1. New section filed 8-6-87; operative 9-5-87 (Register 87, No. 34). 

2. Editorial renumbering of Section 10128 "Houseboat" to Section 10127 (Regis- 
ter 87, No. 47). 



§10128. Live-Aboard Boat. 

A "live-aboard boat" is a boat that is not a transient boat, that is capa- 
ble of being used for active self-propelled navigation, and that is occu- 
pied as a residence as that term is defined in California Government Code 
Section 244. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632, Government Code; 
Section 29008, Public Resources Code; and the San Francisco Bay Conservation 
and Development Commission, San Francisco Bay Plan, Other Uses of the Bay 
and Shoreline (As amended March 20, 1986, pursuant to Government Code Sec- 
tion 66652). 



Page 504 



Register 2007, No. 9; 3-2-2007 



• 



Title 14 San Francisco Bay Conservation and Development Commission § 10129 

HrsTORY § 10129. Line of Highest Tidal Action. 

1 . New section filed 8-6-87; operative 9-5-87 (Register 87, No. 34). NOTE; Authority cited: Section 66632(f), Government Code. Reference: Sections 

2. Editorial renumbering of Section 10J27 "Live-Aboard Boaf to Section 10128 66610(a) and 66610(e), Government Code. 
(Register 87, No. 47). _ ' HISTORY 

1. New section filed 10-12-89; operative 10-12-89 (Register 89, No. 43). 



• 



[The next page is 505.] 



Page 504.1 Register 2007, No. 9; 3-2-2007 



Title 14 



San Francisco Bay Conservation and Development Commission 



§ 10210 



2. Repealer filed 5-24-96; operative 6-23-96 (Register 96, No. 21). 

Article 3. Boundary and Jurisdictional 
Questions 

§ 1 01 30. Exclusion of Extraction of Materials for Sampling. 

The term "extraction of materials worth more than $20" as used in the 
McAteer-Petris Act and the term "extraction of material" as used in the 
Suisun Marsh Preservation Act shall exclude the extraction of any mate- 
rial or materials for environmental or seismic testing purposes only. 

NOTE; Authority cited: Section 66632(f), Government Code; and Section 
29201 (e), Public Resources Code. Reference: Sections 66604 and 66632(a), Gov- 
ernment Code; and Sections 29114 and 29508, Public Resources Code. 

History 

1 . Repealer of former Section 10130, and renumbering and amendment of Section 
10180 to Section 10130 filed 5-18-87; operaiive''6- 17-87 (Register 87, No. 
30.) For prior history, see Registers 80, No. 48 and 73, No. 16. 

2. Renumbering of former section 10130 to new section 10131 and new section 
10130 filed 9-19-96; operafive 10-19-96 (Register 96, No. 38). 

§ 1 01 31 . McAteer-Petrls Act Jurisdiction and Bay Plan. 

The information shown on the San Francisco Bay Plan Maps is in- 
tended to portray the actual location of land and water, salt ponds, man- 
aged wetlands, certain hills, marshes, and man-made features; however, 
the maps do not establish the extent of the Commission's jurisdiction. In 
case of any discrepancy between the portrayal of a feature on a Bay Plan 
Map and the descriptions in Government Code Section 66610 or these 
regulations, the provisions of Government Code Section 66610 and these 
regulations shall prevail. 

NOTE: Authority cited: Section 66632(f), Government Code. Reference: Sections 
66602, 66610 and 66653, Government Code; and San Francisco Bay Plan. 

History 

1. Renumbering and amendment of former Section 10131 to Section 10122, and 
renumbering and amendment of Section 10181 to Section 10131 filed 5-18-87; 
operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 
48and75, No. 51. 

2. Renumbering of former section 10131 to new section 10132 and renumbering 
of former section 10130 to new section 10131 filed 9-19-96; operative 
10-19-96 (Register 96, No. 38). 

§ 10132. Exclusion of Larkspur and Greenbrae Boardwalk 
Areas from McAteer-Petris Act Jurisdiction. 

"Areas commonly known as the Larkspur and Greenbrae Board- 
walks," means: 

(a) within the City of Larkspur, any area, excepting certain sloughs, 
situated within the area described in the "Notice of Non-Jurisdiction of 
the BCDC — Larkspur Boardwalk" appearing as Appendix A to these 
regulations and filed by the Executive Director with the County of Marin; 
and 

(b) within the County of Marin, any area, excepting certain sloughs, 
situated within the area described in the "Notice of Non-Jurisdiction of 
the BCDC — Greenbrae Boardwalk" appearing as Appendix B to these 
regulations and filed by the Executive Director with the County of Marin. 

NOTE: Authority cited: Sections 66610 and 66632(f), Government Code. Refer- 
ence: Section 66610(e), Government Code. 

History 

1. Renumbering amendment of former Section 10132 to Section 10123, and new 
Section 10132 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For 
prior history, see Register 80, No. 48. 

2. Renumbering of former secfion 10132 to new section 10133 and renumbering 
of former section 10131 to new section 10132 filed 9-19-96; operafive 
10-19-96 (Register 96, No. 38). 

§ 10133. Determination of Shoreline and Map Boundaries. 

(a) Upon written request, the Commission's staff will furnish a de- 
scription in words of the Commission's jurisdiction. Upon written re- 
quest and upon submission by any person of a map at an appropriate scale 
and showing sufficient topographic data, the Commission's staff will in- 
dicate upon such map or a copy thereof the location of the Commission's 
jurisdiction or of any particular boundary in a particular area represented 
by one or more of the San Francisco Bay Plan Maps. 



(b) Upon written request from any person who has obtained a map or 
description as provided in the preceding paragraph, the Commission 
shall by resolution determine by map or in words the location of the Com- 
mission' s jurisdiction. 

(c) These maps or descriptions in words need not be based upon sur- 
veys performed for the Commission, but may be based on any reliable 
sources available. 

NOTE: Authority cited: Secfion 66632(f), Government Code. Reference: Sections 
66602, 66610 and 66653, Government Code; and San Francisco Bay Plan. 

HtSTORY 

1. Renumbering and amendment of former secfion 10133 to secfion 10125, and 
new section 1 0133 filed 5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For 
prior history, see Register 80, No. 48. 

2. Amendment of subsection (a)(3) filed 4-18-90; operafive 5-18-90 (Register 
90, No. 18). 

3. Amendment of subsection (a)(4) and Note filed 5-24-96; operative 6-23-96 
(Register 96, No. 21). 

4. Renumbering of former section 10133 to new secfion 10134 and renumbering 
of former section 10132 to new section 10133 filed 9-19-96; operative 
10-19-96 (Register 96, No. 38). 

§ 10134. Determination of Permit Requirements for 
Subdivisions. 

(a) Within 1 5 days of receipt of a written request, the Executive Direc- 
tor shall determine whether a proposed subdivision or other division of 
land constitutes a substantial change in use requiring a permit; provided 
that the request is accompanied by the following information: 

(1) the name and address of all current owners of the property; 

(2) the name and address of the person making the request; 

(3) proof that the person making the request has sufficient legal inter- 
est in the property as provided in Appendix F or is an affected local gov- 
ernment; 

(4) an accurate map at a scale reasonably sufficient to evaluate the 
project and that shows (A) the existing and proposed parcel lines; (B) the 
topography of the site; (C) the shoreline and the upland edge of the Com- 
mission's 100-foot shoreline band jurisdiction; (D) existing structures, 
uses, and vegetation on the site; and (E) public streets in the vicinity of 
the property. 

(b) A person submitting a request pursuant to paragraph (a) may ap- 
peal the decision of the Executive Director to the Commission, which 
shall by resolution determine whether the request was properly submitted 
and whether the proposed subdivision or other division of land consti- 
tutes a substantial change in use. The appeal shall be in writing and shall 
contain the reasons for disagreement with the decision of the Executive 
Director. 

NOTE: Authority cited: Secfion 66632(f), Government Code. Reference: Section 
66632, Government Code; and Littoral Dev. Co. v. San Francisco Bay Conserva- 
tion and Dev. Common (1994) 24 Cal.App. 4th 1050, 29 Cal. Rptr. 2d 518. 

History 
1. Renumbering of former section 10133 to new secfion 10134 filed 9-19-96; op- 
erafive 10-19-96 (Register 96, No. 38). 



Cliapter 2. The Commission, the Staff, and 
the Advisory Review Boards 



Article 1. Regular Meetings 

§ 1 021 0. Date and Time. 

The Commission shall ordinarily hold regular meetings on the first and 
third Thursday of each month. The meetings shall begin at an hour set by 
resolution of the Commission. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632, Government Code; 
and Secfion 29520(a), Public Resources Code. 

History 
1 . Repealer of former Section 10210, and renumbering and amendment of Section 

10230 to Secfion 10210 filed 5-18-87; operative 6-17-87 (Register 87, No. 

30). For prior history, see Register 79, No. 29. 



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§10211. Changes. 

The Chair may change the starting time of any meeting if he or she ex- 
pects the meeting to be unusually long or if it conflicts with other meet- 
ings. The Chair may also cancel or reschedule a regularly scheduled 
meeting to the preceding day or the following day if it conflicts with a 
holiday or if a quorum cannot be expected on the scheduled day. 

NOTE; Authority cited: Section 66632(0. Government Code; and Section 

29201(e), Public Resources Code. Reference: Section 66632, Government Code; 

and Section 29520(a), Public Resources Code. 

History 

1. Renumbering and amendment of Section 10231 to new Section 10211 filed 
5-18-87; operative 6-17-87 (Re2ister87,No. 30). For prior history, see Regis- 
ter 79, No. 29. 

§ 1 021 2. Notice of Changes. 

Any changes in a regularly scheduled meeting time may be made by 
giving notice thereof as provided in Section 10213 or as provided in Sec- 
tion 10231. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 1 1 125. Government Code. 

History 
1. Renumbering and amendment of Section 10233 to new Section 10212 filed 
5-18-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis- 
ter 79, No. 29. 

§10213. Meeting Notice. 

Written notice of the time and place of a regularly scheduled meeting 
and a preliminary agenda shall be mailed by first class not less than ten 
(10) working days before the meeting. If an interruption in regular mail 
service occurs, alternative notice may be given. Such alternative notice 
shall consist of telephoning each Commissioner and each Alternate and 
publishing a notice of the time and place of the meeting and a summary 
of the preliminary agenda in a newspaper of general circulation not less 
than ten (10) working days before the meeting. 

NOTE: Authority cited: Section 66632(0, Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 1 1 125, Government Code. 

History 
1. Renumbering and amendment of Section 10240 to new Section 10213 filed 
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis- 
ter 79, No. 29. 

§ 10214. Who Shall Receive Notice. 

The notice shall be mailed to Commission members, to all parties to 
the proceedings on the agenda, to interested organizations and individu- 
als, to owners and residents of nearby property identified by the applicant 
pursuant to Appendix D item 20, to any person who requests the notice 
in writing, and to all agencies that have jurisdiction by law with respect 
to any proposed activity that is listed in the notice. The Executive Direc- 
tor may require each person requesting the notice to provide the neces- 
sary number of self-addressed, stamped, four-inch by nine and one-half 
inch envelopes for the purpose of mailing the notice. 
NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 1 1 125, Government Code; 
and Section 21080.5(d)(2)(C), Public Resources Code. 

History 

1. Renumbering and amendment of section 10241 to new section 10214 filed 
5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis- 
ter 80, No. 48. 

2. Amendment filed 4-18-90; operative 5-18-90 (Register 90, No. 18). 

3. Amendment of section and Note filed 2-16-2007; operative 3-18-2007 (Reg- 
ister 2007, No. 7). 



Article 2. Special Meetings 

§ 10220. Time and How Called. 

A special meeting may be called for any day during normal working 

hours by resolution of the Commission, by written petition of a majority 

of the full Commission, or by written call of the Chair. 

NOTE: Authority cited: Section 66632(0, Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632, Government Code; 
and Section 29520(a), Public Resources Code. 



History 

1 . Repealerof former Section 10220, and renumbering and amendment of Section 

10250 to Section 10220 filed 5-18-87; operative 6-17-87 (Register 87, No. 
30). For prior history, see Registers 80, No. 48 and 79, No. 29. 

§10221. Notice. 

Notice of any special meeting shall be given as provided in Section 
10213. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 1 1 125, Government Code. 

History 

1. Repealerof former Section 10221, and renumbering and amendment of Section 

10251 to Section 10221 filed 5-18-87; operative 6-17-87 (Register 87, No. 
30). For prior histoi-y, see Registers 80, No. 48 and 79, No. 29. 



Article 3. Emergency Meetings 

§ 10230. Time and Reason For. 

The Chair may call an emergency meeting for any day and time if 
Commission action is or may be needed in a situation that poses danger 
to life, health, or property. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 11125.5, Government 
Code. 

History 
1. Renumbering and amendment of former Section 10230 to Section 10210, and 

renumbering and amendment of Section 10260 to Section 10230 filed 5-18-87; 

operative 6-1 7-87 (Register 87, No. 30). For prior history, see Registers 80, No. 

48 and 79, No. 29. 

§10231. Notice. 

Members of the Commission shall be notified of an emergency meet- 
ing at least thirty-six (36) hours prior to the meeting. 
NotE: Authority cited: Section 66632(0, Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 11125.5, Government 
Code. 

History 

1. Renumbering and amendment of former Section 10231 to Section 10211, and 
renumbering and amendment of Section 10261 to Section 10231 filed 5-18-87; 
operative 6-17-87 (Register 87. No. 30). For prior history, see Registers 80, No. 
48 and 79, No. 29. 

§ 10232. Prerequisites for Commission Action. 

The Commission shall not vote on any matter at any emergency meet- 
ing unless it first determines by a vote of three-fourths of the members 
present that the matter may involve danger to fife, health, or property and 
may need Commission action to avoid or mitigate the danger. 

Note: Authority cited: Secfion 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632, Government Code. 

History 
1 . Repealer of former Section 10232, and renumbering and amendment of Secfion 

10262 to Section 10232 filed 5-18-87; operative 6-17-87 (Register 87, No. 

30). For prior history, see Registers 80, No. 48 and 79, No. 29. 



Article 4. Meetings — Quorum and 
Procedures 

§10240. Quorum. 

A quorum for all Commission meetings shall be fourteen (14) mem- 
bers, of whom thirteen (13) must be non-federal representatives. The 
Commission shall take no action in the absence of a quorum except that 
a lesser number of members may adjourn a meeting, may act as a commit- 
tee to continue a public hearing, and may act as a committee of the Com- 
mission for such purposes as the Commission or Chair specified in ap- 
pointing the committee. 

Note: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Secfion 66632, Government Code; 
and Section 29520, Public Resources Code. 

History 
1. Renumbering and amendment of former Secfion 10240 to Section 10213, and 

renumbering and amendment of Secfion 10270 to Section 10240 filed 



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Title 14 



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§ 10252 



• 



5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis- 
ters 80, No. 48 and 79, No. 29. 

§ 10241. Voting — Number Required to Authorize Action. 

Except as otherwise provided iti Title 7.2 of the Government Code, in 
Sections 29000 through 29610 of the Public Resources Code, or in these 
regulations, actions of the Commission, including passage of resolutions 
not subject to special provisions, shall be by vote of a majority of the 
members present and voting. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Title 7.2, Government Code; and 
Division 19, Public Resources Code. 

History 
1. Renumbering and amendment of former Section 10241 to Section 10214, and 

renumbering and amendment of Section 10271 to Section 10241 filed 5-1 8-87; 

operative 6-1 7-87 (Register 87, No. 30). For prior history, see Register 80, No. 

48. 

§ 1 0242. Procedures — Robert's Rules of Order. 

The Commission shall follow Robert's Rules of Order unless the rules 
conflict with Title 7.2 of the Government Code, Sections 29000 through 
296J of the Public Resources Code, or these regulations. The appropri- 
ate code section or regulation will govern if such a conflict exists. 
NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632, Government Code; 
and Section 29520, Public Resources Code. 

History 
1. Renumbering and amendment of Section 10272 to new Section 10242 filed 
5-18-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis- 
ter 80, No. 48. 

§10243. Agenda. 

(a) The Executive Director shall set the agenda for regular meetings. 

(b) The Chair may alter the sequence of the agenda for any particular 
meeting if he or she believes such change is desirable. 

(c) The Executive Director or the Chair may set specific times for the 
consideration of particular items. 

NOTE: Authority cited: Section 66632(0, Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632, Government Code; 
and Section 29520, Public Resources Code. 

History 

1. Renumbering and amendment of Section 10273 to new Section 10243 filed 
5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis- 
ter 80, No. 48. 

§ 10244. Recording of Meetings. 

Commission meetings shall be recorded electronically unless equip- 
ment failure prevents this. The Commission staff shall retain each record- 
ing for at least one year and shall make it reasonably available for replay- 
ing at the Commission's offices. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632, Government Code; 
and Section 29520, Public Resources Code. 

History 
1. Renumbering and amendment of Section 10275 to new Section 10244 filed 
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis- 
ter 80, No. 48. 

§ 1 0245. Minutes of Meetings. 

(a) The Commission shall keep full and accurate minutes of its meet- 
ings and make them available to the public. 

(b) The Executive Director and the Chair at a particular meeting shall 
sign the minutes. 

(c) Signed minutes shall be the original evidence of actions taken by 
the Commission. 

NotE: Authority cited: Section 66632(0, Government Code; and Secfion 

29201(e), Public Resources Code. Reference: Section 66632, Government Code; 

and Section 29520, Public Resources Code. 

History 

1. Renumbering and amendment of Section 10276 to new Section 10245 filed 
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis- 
ter 80, No. 48. 



§ 10246. Public Comment Period. 

(a) At each Commission meeting, the Commission shall provide the 
public with an opportunity to address the Commission on any matter on 
which the Commission has not already held a public hearing and which 
is not scheduled for a public hearing during the meeting. 

(b) The Commission may provide the public the opportunity required 
by subdivision (a) either prior to or as part of Commission consideration 
of the matter on which comments would be offered. 

(c) Speakers shall be heard in the order in which they sign up and shall 
generally be limited to three minutes each. The total time for public com- 
ment shall generally be limited to a total of fifteen (15) minutes. 

(d) The Commission may provide more time to each speaker and may 
extend the total time available for public comment beyond fifteen (15) 
minutes if the Commission or the Chair believes that such an extension 
is necessary to allow a reasonable opportunity for all members of the pub- 
lic who want to testify. 

(e) Members of the public who believe that they need additional op- 
portunity to communicate with the Commission may present written ma- 
terial to the Commission at any time subject to such deadlines as the 
Commission or Chair may impose concerning matters for which specific 
Commission action may be required in the future. 

(f) The Executive Director shall insure that copies of all written materi- 
als received prior to any deadline established by the Commission or the 
Chair are provided to the Commission in a timely manner. 

(g) The Commission shall not take any action on any matter raised dur- 
ing the public comment period other than to schedule the matter for a fu- 
ture meeting agenda or to refer the matter to the staff for investigation un- 
less the matter is already scheduled for action by the Commission later 
in the meeting. 

Note-, Authority cited: Sections 11125.7 and 66632(0, Government Code; and 
Section 29201(e), Public Resources Code. Reference: Section 11 125.7, Govern- 
ment Code. 

History 
1. New section filed 2-27-98; operative 3-29-98 (Register 98, No. 9). 



Article 5. Officers 

§ 1 0250. Duties of the Chair. 

(a) The Chair shall preside at all meetings of the Commission, shall ex- 
ecute documents for the Commission requiring such execution and shall 
perform such other duties as the Commission provides by resolution. 

(b) The Chair shall, in collaboration with and with the concurrence of 
the Commission, appoint the members and chair persons of the Design 
Review Board, the Engineering Criteria Review Board, the Citizen's Ad- 
visory Committee, and representatives of the Commission to boards, 
committees, and other commissions as may be necessary. 

NOTE: Authority cited: Secfion 66632(0, Government Code; and Section 
29201(e), Public Resources Code. Reference: Secfion 66632, Government Code; 
and Section 29520(a), Public Resources Code. 

History 
1. Renumbering and amendment of former Section 10250 to Section 10220, and 

renumbering and amendment of Section 10281 to Secfion 10250 filed 5-18-87; 

operative 6-1 7-87 (Register 87, No. 30). For prior history, see Register 80, No. 

48. 

§ 1 0251 . Duties of Vice Chair. 

In the absence of the Chair, the Vice Chair shall perform those duties 

of the Chair that cannot reasonably await the return of the Chair. 

NOTE: Authority cited: Secfion 66632(0, Government Code; and Secfion 29201, 
Public Resources Code. Reference: Secfion 66632, Government Code; and Sec- 
fion 29520(a), Public Resources Code. 

History 
1. Renumbering and amendment of former Secfion 10251 to Section 10221, and 
renumbering and amendment of Section 10282 to Secfion 10251 filed 5-18-87; 
operafive 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 
48. 

§10252. Acting Chair. 

The Chair or, in the absence of the Chair, the Vice Chair or, in the ab- 
sence of the Chair and the Vice Chair, a majority of the Commission shall 



Page 507 



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§ 10260 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



appoint an Acting Chair when neither the Chair nor Vice Chair may be 
available to perform the duties of the Chair. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201 (e). Public Resources Code. Reference: Section 66632, Government Code; 
and Section 29520(a), Public Resources Code. 

History 
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). 

Article 6. Staff 

§ 1 0260. Executive Director — Appointment and Term. 

The Commission shall appoint an Executive Director to serve at the 
pleasure of the majority of the members of the Commission. 
NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66635, Government Code; 
and Section 29520(a), Public Resources Code. 

History 
1. Renumbering and amendment of former Section 10260 to Section 10230, and 

renumbering and amendment of Section 1 0290 to Section 1 0260 filed 5-18-87; 

operative 6-17-87 (Register 87, No. 30). For prior history, see Resister 80. No. 

48. 

§ 10261. Executive Director — Duties and Delegation. 

(a) The Executive Director shall administer the affairs of the Commis- 
sion in accordance with the direction and pohcies of the Commission. He 
or she shall also appoint such other employees as may be necessary to 
carry out the functions of the Commission. Appointments of staff mem- 
bers shall be presumed to be approved by the Commission unless the 
Commission objects by a majority vote at the meeting when the Execu- 
tive Director announces the appointment. 

(b) Except as specifically provided by Commission resolution, the Ex- 
ecutive Director may delegate the performance of any of his or her func- 
tions, including those specifically prescribed by the McAteer-Petris Act, 
the Suisun Marsh Preservation Act, or by these regulatiotis, but such 
delegation shall not affect his or her responsibility to see that the direc- 
tions and policies of the Commission are carried out fully and faithfully. 
NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66635, Government Code; 
and Section 29520(a), Public Resources Code. 

History 
1. Renumbering and amendment of former Section 10261 to Section 10231, and 
renumbering and amendment of Section 10291 to Section 10261 filed 5-18-87; 
operative 6-1 7-87 (Register 87, No. 30). For prior history, see Register 80, No. 
48. 

§ 10262. Acting Executive Director. 

(a) The Executive Director shall designate a member of the staff to 
serve as acting Executive Director while the Executive Director is absent 
or unable to perform his or her regular duties. 

(b) If the Executive Director is unable to perform his or her regular du- 
ties and has not designated an acting Executive Director, the Chair may 
perform those duties or may designate an acting Executive Director. 

(c) The acting Executive Director shall have the same powers, duties, 
and responsibilities as the Executive Director. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66635, Government Code; 
and Section 29520(a), Public Resources Code. 

History 
1. Renumbering and amendment of former Secfion 10262 to Section 10232, and 

renumbering and amendment of Section 10292 to Section 10262 filed 5-18-87; 

operative 6-1 7-87 (Resister 87, No. 30). For prior history, see Register 80, No. 

48. 



(b) The Board shall advise the Commission and the staff on the appear- 
ance and design of projects for which a Commission permit or consisten- 
cy determination is needed, particularly as the project affects public ac- 
cess to the Bay and shoreline. 

(c) Four members shall constitute a quorum for Board meetings and 
shall be the minimum necessary for the Board to consider any matter. 

(d) The Commission may designate up to ten former Board members 
to act as a pool of alternates to substitute for current Board members who 
cannot participate in any Board meeting or the consideration of any spe- 
cific matter at any Board meeting. 

(e) When fewer than all seven members of the Board will be available 
to participate in the Board's consideration of a matter, the Executive Di- 
rector may designate one or more alternate Board members selected from 
the pool estabhshed by the Commission pursuant to paragraph (d) to sub- 
stitute for the Board member or members who cannot participate in the 
Board's consideration of and action on that matter so long as the total 
number of Board members that considers a matter does not exceed seven. 

(f) When designating an alternate Board member pursuant to para- 
graph (e), the Executive Director shall select an individual in a profes- 
sional discipline and with professional experience as mush as possible 
like those of the Board member who cannot participate in the Board's 
consideration of the particular matter. 

(g) Alternate Board members designated pursuant to paragraphs (e) 
and (f) shall have the same powers and authority to participate in the 
Board's consideration and action on any matter as a regular Board mem- 
ber. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66635, Government Code; 
and Section 29520(a), Pubhc Resources Code. 

History 

1 . Renumbering and amendment of former Section 1 0270 to Section 10240, and 
renumbering and amendment of Section 1 0295 to Section 10270 filed 5-18-87; 
operative 6-1 7-87 (Register 87, No. 30). For prior history, see Register 80, No. 
48. 

2. Amendment filed 12-30-98; operative 1-29-99 (Register 99, No. 1). 

§ 1 0271 . Membership and Function of Engineering Criteria 
Review Board. 

The Engineering Criteria Review Board shall consist of not more than 
eleven (11) members, including at least one (1) geologist, one (1) civil 
engineer specializing in soils, one (1) structural engineer, and one (1) ar- 
chitect. The Board shall advise the Commission on problems relating to 
the safety of fills and of structures on fills. 

Note-. Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66633(b), Government 
Code; Section 29520(a), Public Resources Code; and San Francisco Bay Plan. 

History 
1. Renumbering and amendment of former Section 10271 to Section 10241, and 

renumbering and amendment of Section 10298 to Section 10271 filed 5-18-87; 

operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 

48. 



Article 7. Advisory Boards 

§ 10270. IVIembership and Function of Design Review 
Board. 

(a) The Design Review Board shall consist of seven (7) members of 
the design professions, including at least one (1) architect, one (1) land- 
scape architect, and one (1) engineer. 



Article 8. Ex Parte Communications 

§10280. Purpose. 

Fairness and due process of law are essential elements of responsible 
government. Public confidence in government is highest when an agency 
conducts its adjudicatory business openly and impartially. This regula- 
tion supplements and helps explain minimum legal requirements con- 
cerning the disclosure of communications that occur outside of the nor- 
mal hearing process and would therefore not be part of the administrative 
record when the Commission acts on permit applications and on enforce- 
ment cases and takes other adjudicatory actions. However, Commission 
members can, and are encouraged to, disclose more information relative 
to any communication that occurs outside of the public record to ensure 
that all Commission members can make informed decisions. 
NOTE: Authority cited: Sections 11400.20 and 66632(f), Government Code; and 
Secfion 29201(e), Public Resources Code. Reference: Sections 11430.10, 
11430.20, 11430.30, 11430.40, 66632 and 66638, Government Code; and Sec- 
tions 29520, 29524 and 29601, Public Resources Code. 



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Title 14 



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§ 10287 



• 



History 
1. New article 8 (sections 10280-10289) and section filed 12-27-2004; operative 
1-26-2005 (Register 2004, No. 53). 

§ 1 0281 . Definition of an Ex Parte Communication. 

An ex parte communication is any oral or written communication re- 
garding a pending adjudicatory proceeding between a member of the 
Commission and either any party to the pending Commission adjudicato- 
ry proceeding or a member of the public that does not occur in a Commis- 
sion public hearing, Commission workshop, or other official Commis- 
sion proceeding or on the official Commission record for the proceeding. 
NOTE: Authority cited: Sections 1 1400.20 and 66632(f), Government Code; and 
Section 29201(e), Public Resources Code. Reference; Sections 11403.20, 
11405.30, 11405.40, 11405.50, 11405.60, 11405.70, 11405.80, 11410.10. 
1 1410.20, 1 1430.10, 66632 and 66638, Government Code; and Sections 29520, 
29524 and 29601, Public Resources Code. 

History 
1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53). 

§ 10282. Definitions of a Quasi-Judicial Proceeding and of 
a Quasi-Legislative Proceeding. 

All Commission actions are considered to be either adjudicatory or 
quasi-legislative. An adjudicatory action by the Commission affects spe- 
cific rights or interests of an individual or business entity based on specif- 
ic facts, such as the granting of a permit, the issuance of a cease and desist 
order, the issuance of a report to the California Energy Commission pur- 
suant to California Government Code Section 66645(d), or Commission 
review of a federal consistency determination or certification. A quasi- 
legislative action generally applies to a given class or group of individu- 
als or entities and usually takes the form of a Commission plan amend- 
ment, policy, or regulation. 

Note: Authority cited: Secfions 11400.20 and 66632(f), Government Code; and 
Secfion 29201(e), Public Resources Code. Reference: Sections 11430.10, 66632, 
66638 and 66645(d), Government Code; and Sections 29520, 29524 and 29601, 
Public Resources Code. 

History 
1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53). 

§ 10283. General Policy and Disclosure of Ex Parte 
Communications. 

(a) Ex parte communications are prohibited in adjudicatory actions. 
However, if such a prohibited communication occurs, any Commission 
member who receives an ex parte communication concerning any adju- 
dicatory matter pending before the Commission shall disclose the con- 
tent of the communication on the record. 

(b) The disclosure shall occur prior to or at the same time as the Com- 
mission considers the matter that is the subject of the ex parte commu- 
nication. 

(c) Compliance with this disclosure requirement regarding the receipt 
of an ex parte communication in written form shall be accomplished by 
sending a copy of the written communication and any response to the 
communication to the Commission Executive Director as soon as practi- 
cable. 

(d) Compliance with this disclosure requirement regarding the receipt 
of an ex parte communication orally shall be accomplished by submitting 
a memorandum to the Executive Director for inclusion into the record of 
the matter that is the subject of the ex parte communication. 

(e) The memorandum required by paragraph (d) shall include the sub- 
stance of the communication, any response by the recipient Commission 
member, and the identity of each person from whom the recipient Com- 
mission member received the communication. 

(f) This policy shall not apply to quasi-legislative matters such as the 
adoption of or the amendment to a Commission plan, the adoption of or 
the amendment of a Commission regulation, and Commission comments 
on proposed or pending legislation. 

NOTE: Authority cited: Sections 1 1400.20 and 66632(f), Government Code; and 
Section 29201(e), Public Resources Code. Reference: Sectionsl 1430.10, 
1 1430.40, 66632, and 66638, Government Code; and Sections 29520, 29524 and 
29601, Public Resources Code. 



History 

1 . New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53). 

§ 10284. Permissible Ex Parte Communications. 

The following types of ex parte communications are not prohibited by 
these regulations and do not require any disclosure into the record: 

(a) communications specifically authorized by statute and required for 
the disposition of an adjudicatory matter; 

(b) the communication involves a matter of procedure or practice that 
is not in controversy; 

(c) the communication is from an einployee or representative of 
BCDC who has not served as an investigator, prosecutor, or advocate 
during the proceeding or pre-adjudicative state and whose purpose is to 
assist or advise the Commission; 

(d) the communication is from an employee or representative of 
BCDC and concerns a settlement proposal advocated by the employee 
or representative; and 

(e) the communication is from an employee or representative of 
BCDC and involves a non-prosecutorial proceeding. 

Note: Authority cited: Sections 1 1400.20 and 66632(f), Government Code; and 
Secfion 29201(e), Public Resources Code. Reference: Sections 11430.20, 
1 1430.30. 66632 and 66638, Government Code; and Sections 29520, 29524 and 
29601, Public Resources Code. 

History 

1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53). 

§ 1 0285. When the Policy Applies. 

(a) The policy established by Sections 10283 and 10284 shall com- 
mence to apply for a permit application or a federal consistency deter- 
mination or certification when an applicant first submits an applicarion, 
a consistency determination, or a consistency certification to the Com- 
mission. 

(b) The policy shall commence to apply for a Commission enforce- 
ment action when the Commission staff mails either a violation report or 
a complaint for the imposition of administrative civil penalties. 

Note: Authority cited: Sections 11400.20 and 66632(f), Government Code; and 
Section 29201(e), Public Resources Code. Reference: Sections 11430.10, 66632 
and 66638, Government Code; and Secfions 29520, 29524 and 29601 , Public Re- 
sources Code. 

History 

1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53). 

§ 10286. Notification of Parties and Interested Persons. 

(a) As soon as is practicable, the Execurive Director shall notify in 
writing all parties to a proceeding and all persons interested in the pro- 
ceeding that a Commissioner has received an impermissible ex paite 
communication. 

(b) If the communication was received orally, the Executive Director 
shall include a copy of the memorandum and any response to the commu- 
nication required by Sections 10283(d) and (e) with the written noufica- 
tion. 

(c) If the communication was received in writing, the Executive Direc- 
tor shall include acopy of the written communication with the written no- 
tification. 

(d) In either case, the notice shall also state that the party or person be- 
ing notified must request an opportunity to address the Commission con- 
cerning the communication within 10 days of receiving the notice or the 
party or person shall waive the opportunity to address the Commission. 
Note: Authority cited: Sections 11400.20 and 66632(0, Government Code; and 
Section 29201(e), Public Resources Code. Reference: Sections 1 1430.50, 66632 
and 66638, Government Code; and Sections 29520, 29524 and 29601 , Public Re- 
sources Code. 

History 

1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53). 

§ 1 0287. Party Opportunity to Respond to an Ex Parte 
Communication. 

If a party requests an opportunity to address the Commission concern- 
ing the communicarion within 10 days as required by Section 10286, the 
Commission shall grant the request and may allow the requesting party 
to present rebuttal evidence concerning the subject of the ex parte com- 
munication. 



Page 508.1 



Register 2007, No. 7; 2-16-2007 



§ 10288 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



NOTE: Authority cited: Sections 1 1400.20 and 66632(f), Government Code; and 
Section 29201(e), Public Resources Code. Reference: Sections 11430.50, 66632 
and 66638, Government Code; and Sections 29520, 29524 and 29601, Public Re- 
sources Code. 

History 
1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53). 

§ 10288. Ex Parte Communications After the Close of the 
Public Hearing and After the End of the Time 
Period for Receipt of Written Communications; 
Public Comments and Responses. 

(a) If an oral ex parte communication occurs after the close of the pub- 
lic hearing or a written ex parte communication occurs after the deadline 
for submitting written comments, the ex parte communication shall be 
disclosed as required by Section 10283. 

(b) The Commission Chair or the Commission may determine that the 
communication contains new or different information pertinent to the de- 
cision being made. The Commission Chair or the Commission may also 
determine that reopening the public hearing is therefore necessary to pro- 
tect the integrity of the decision-making process. 

(c) If the Commission chair or the Commission makes both such deter- 
minations, it shall circulate the communication to the entire Commission 
and may reopen the public hearing to allow the public sufficient opportu- 
nity to comment on and to rebut the information contained in the commu- 
nication unless a legal deadline for voting prevents reopening the hear- 
ing. 

(d) If necessary, either the deadline for Commission voting shall be ex- 
tended or the Commission shall deny the application because of the pub- 
lic's inability to comment on the new or different information. 

(e) If a conflict occurs between this section and Commission Regula- 
tion Section 10430, this section shall take precedence. 

NOTE: Authority cited: Sections 1 1400.20 and 66632(0, Government Code; and 
Section 29201(e), Public Resources Code. Reference: Sections 11430.50, 66632 
and 66638, Government Code; Sections 29520, 29524 and 29601, Public Re- 
sources Code. 

History 
1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53). 

§10289. Field Trips. 

(a) A Commission member may take an individual field trip to the site 
of a proposed project or a pending enforcement action so long as the 
Commission member discloses the fact of the field trip and the substance 
of all that he or she observed to the Commission as soon as practicable 
afterwards. 

(b) The Commission's policy on ex parte communications shall apply 
to any communication that involves a Commission member that occurs 
during a field trip either by an individual Commission member or by the 
Commission. 

NOTE: Authority cited: Sections 1 1400.20 and 66632(f), Government Code; and 
Section 29201(e), Public Resources Code. Reference: Sections 11430.10, 



1 1430.20, 1 1430.30, 1 1430.40, 1 1430.50. 66632 and 66638, Government Code; 
and Sections 29520, 29524 and 29601, Public Resources Code. 

History 
1 . New section filed 12-27-2004: operative 1-26-2005 (Register 2004, No. 53). 



Chapter 3. Major Permits Procedures: 

Applications, Amendments to Applications, 

and Application Summaries 



Subchapter 1. Definitions 



Article 1. Definitions 

§10300. Major Permits. 

A major permit is any Commission permit other than an adininistrative 
permit, an emergency pennit, a regionwide permit or an abbreviated re- 
gionwide permit. 

NOTE: Authority cited: Section 66632(f). Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632, Government Code; 
and Section 29601, Public Resources Code. 

History 

1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 
30). For prior history, see Register 80, No. 48. 

2. Amendment of section filed 8-6-96; operative 9-5-96 (Register 96, No. 32). 



Subchapter 2. 



Applications for a Major 
Permit 



Article 1. Application Requirements 

§ 10310. Summary of Prerequisites for Filing a Major 
Permit Application. 

The Commission shall file a major permit apphcation pursuant to Cali- 
fornia Government Code section 66632 only when the applicant has sub- 
mitted all of the following materials to the Executive Director: 

(a) one (1) original and six (6) copies of a fully completed and property 
executed application form, which these regulations contain as Appendix 
D; 

(b) an executed Certificate of Posting of "Notice of Pending BCDC 
Application" form, which these regulations contain as Appendix E; 

(c) exhibits to the application form, as described in Appendix F and 
Section 10625; 

(d) a check or money order in the amount of all applicable filing fees 
in compliance with Appendix M; 



[The next page is 509. 



Page 508.2 



Register 2007, No. 7; 2-16-2007 



Title 14 



San Francisco Bay Conservation and Development Commission 



§ 10315 



(e) for all projects that constitute a "surface mining operation" under 
the Surface Mining and Reclamation Act and that are not exempt under 
Cal. Public Resources Code sections 2714 or 2776, a reclamation plan 
that complies with Cal. Public Resources Code section 2772; 

(0 evidence that: 

(1) all local discretionary approvals (i.e., all approvals other than min- 
isterial permits such as building permits) have been granted, or 

(2) for subdivisions or other land divisions requiring a Commission 
permit for which final local approval or disapproval has not been granted, 
a statement that the local government either favors the project, with or 
without conditions, or does not favor the project. 

NOTE; Authority cited: Section 66632, Government Code; and Section 29201(e), 
Public Resources Code. Reference: Sections 65940-65942, 66632(f) and 84308, 
Government Code; Sections 2770, 2774, 21080.5, 21082, 21 160 and 29520, Pub- 
lic Resources Code; and the San Francisco Bay Plan. 

History 

1 . Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 
30). For prior history, see Register 80, No. 48. 

2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43). 

3. Amendment of subsections (a), (b), (c) and (f) filed 4-1 8-90; operafi ve 5-1 8-90 
(Register 90, No. 1 8). 

4. Amendment of subsection (d) filed 11-20-91; operative 12-20-91 (Register 
92, No. 8). 

5. Amendment of subsection (c) filed 1-26-98; operative 2-25-98 (Register 98, 

No. 5). 

6. Amendment of subsection (a) and Note filed 2-2-98; operative 3-4-98 (Regis- 
ter 98, No. 6). 

§ 1 0311 . Waiver or Modification of Filing Requirements. 

(a) Except as provided in subsection (b), the Executive Director may, 
at his or her sole discretion, waive or modify any or all of the permit appU- 
cation filing requirements contained in Section 10310, Appendix D, Ap- 
pendix E, and Appendix F if he or she concludes all of the following: the 
otherwise required information is not necessary (1) to determine whether 
the proposed activity would be consistent with all applicable laws and po- 
licies, (2) to allow the government agencies specified in Section 10360 
to review and comment on the proposed project, and (3) to provide ade- 
quate public notice of the project. 

(b) The Executive Director may not waive or modify either (1) the re- 
quirement that a permit application must obtain all local discretionary 
governmental approvals pursuant to Government Code Section 66632(b) 
and Regulation Section 10310(f). (2) the applicable filing fee for the 
application, or (3) the requirement that the application include all public 
improvements and public utility facilifies necessary or incidental to the 
proposed project and the names and mailing addresses of all public agen- 
cies or public ufilities that will have ownership or control of the public 
improvements and public utility facilities if the permit is granted and the 
project built. 

NOTE; Authority cited: Section 66632(0, Government Code; and Section 
29201(e), Pubhc Resources Code. Reference: Sections 65940-65942 and 66632, 
Government Code; and Section 29520, Public Resources Code. 

History 

1 . Repealer and new section filed 5-18-87; operafive 6-17-87 (Register 87, No. 
30). For prior history, see Register 80, No. 48. 

2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43). 

3. Amendment filed 4-18-90; operative 5-18-90 (Register 90, No. 18). 

4. Amendment of section heading and section filed 1-22-98; operative 2-21-98 
(Register 98, No. 4). 

5. Amendment filed 2-27-98; operative 3-29-98 (Register 98, No. 9). 

§ 10312. Postponement of Filing Requirements. 

The Executive Director may, at his or her sole discrehon, postpone the 
time when an applicant must submit any of the information for which the 
Executive Director can waive submittal under Section 10311 if: 

(1) the Executive Director decides that the information is not neces- 
sary at the time of filing, 

(2) the applicant agrees to provide the informafion at such time as the 
Executive Director requests, and 

(3) the applicant acknowledges in writing that the Commission may 
deny the application if the applicant does not provide the information 



when the Executive Director requests it because the Commission lacks 
sufficient information to determine whether the application is consistent 
with all applicable policies. 

NOTE; Authority cited: Section 66632(f), Government Code; and Section 29201, 
Public Resources Code. Reference: Sections 65944 and 66632, Government 
Code; and Sections 2714, 2728, 2733, 2735, 2771, 2772, 2773, 2774 and 29520, 
Public Resources Code. 

History 

1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 
30). For prior history, see Register 80, No. 48. 

2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43). 

3. Amendment filed 4-18-90; operafive 5-18-90 (Register 90, No. 18). 

4. Amendment of first paragraph filed 2-27-98; operative 3-29-98 (Register 98, 

No. 9). 

§10313. Parcel Map. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 29601, 
Public Resources Code. Reference: Sections 65940-65942 and 66632(d), Gov- 
ernment Code; and Section 29520, Public Resources Code. 

History 

1. Repealer and new secdon filed 5-18-87; operative 6-17-87 (Register 87, No. 
30). For prior history, see Register 80, No. 48. 

2. Repealer filed 10-12-89; operafive 10-12-89 (Register 89, No. 43). 

§ 10314. List of Affected Property Owners. 

Note; Authority cited: Section 66632(f), Government Code; and Secdon 29601, 
Public Resources Code. Reference: Secdons 65940-65942 and 66632(d), Gov- 
ernment Code; and Section 29520, Public Resources Code. 

History 

1. Repealer and new secdon filed 5-18-87; operafive 6-17-87 (Register 87, No. 
30). For prior history, see Register 80, No. 48. 

2. Amendment filed 10-12-89; operafive 10-12-89 (Register 89, No. 43). 

3. Repealer filed 4-18-90; operative 5-18-90 (Register 90, No. 18). 

§ 10315. Submittal of Design Review Board Materials. 

(a) An applicant for a Bay Commission permit for a project that re- 
quires review by the Design Review Board shall submit, except as pro- 
vided in subsection (g) below, all of the following to the Commission 
staff at least 14 days prior to the schedule Design Review Board meeting 
at which the Board will review the project: 

(1) a description of the proposed project that complies with subsecUon 
(b) of this section; 

(2) an 8 1/2" by 1 1 " vicinity map that complies with Appendix F; and 

(3) ten (10) copies, 8 1/2" by 11" in size, and one (1) copy, at a scale 
of either 1 " = 20 ' , 1 " = 30 ' , or 1 " = 40 ' and which can be read from 
a distance of 20 feet, of each of the following: 

(A) a site plan that complies with subsection (c) of this section, 

(B) a public access detail plan that complies with subsection (d) of this 
section, 

(C) one cross section that designates the elevations of and clearly illus- 
trates the relationship between 1. the shoreline, 2. the top of the bank, 3. 
any existing or proposed public access path, 4. the floor of a representa- 
tive structure, and 5. the top of a representative building, and 

(D) if the public access being proposed for a project contains two or 
more public access areas that differ substantially in quality or width or 
distance from the line of highest tidal action, additional cross sections for 
each such different public access area that provide the information re- 
quired in subsecfion 10315(a)(3)(C). 

(b) The descripfion of the proposed project shall contain the following 
information: 

(1) proposed uses of the project; 

(2) the dimensions, areas, and height of all structures; 

(3) the area of the parcel(s) on which the project will be constructed, 
the area of the parce](s) that is upland, the area of the parcel(s) that is tide- 
land, and the area of the parcel(s) that is submerged lands; 

(4) the length of the shoreline measured along the shoreline; 

(5) the area of the project site that is located within the Commission's 
"shoreline band" jurisdiction pursuant to Govt. Code section 66610(b); 

(6) the area of proposed public access; 

(7) the status of the project in the local governmental approval process; 

(8) the amount of proposed dredging; 



Page 509 



Register 98, No. 9; 2-27-98 



§ 10316 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



(9) the amount of proposed riprap or other shoreline protection; and 
(JO) the volume of proposed fill in cubic yards and the area of proposed 
fill in square feet. 

(c) The site plan shall show or contain the following information: 

(1) the location and dimensions of all proposed sohd fill, buildings, 
bulkheads, piers, docks, decks, pipes, outfalls, and other similar struc- 
tures; 

(2) the location and elevation of all existing and proposed riprap; 

(3) the footprints of all existing buildings to be removed (outlined with 
dashed lines), all existing buildings to remain (outlined with solid lines), 
and all proposed buildings (outlined with solid lines with interiors 
shaded); 

(4) existing and proposed service areas for delivery, storage, garbage, 
and other similar uses; 

(5) existing and proposed fences, with type of material(s) and height; 

(6) existing and proposed on-site driveways, streets, drop-off areas, 
and parking; 

(7) existing and proposed pedestrian circulation, including sidewalks 
and paths; 

(8) existing and proposed public access areas, including paths, plazas, 
and landscaped areas; 

(9) areas of marsh, salt pond, managed wetland, and mudflats; 

(10) existing and proposed contours; 

(11) all existing and proposed easements across the site; 

(12) if a marina is included in the project: 

(A) the berthing layout; 

(B) the dimensions for docks and ramps and an indication if they are 
supported by pilings or are floating; 

(C) the location and dimensions of the drop-off areas; 

(D) the location of all security gates; 

(E) the location of all gear storage areas; 

(F) the location and dimensions of the harbormaster office; 

(G) the location of all restrooms; 

(H) the location of all existing and proposed showers; 

(I) the location of all existing and proposed gas docks; 

(J) the location of all existing and proposed pumpout facilities; 

(K) the location of all existing and proposed oily waste disposal facili- 
ties; 

(L) the location of all existing and proposed launch ramps or hoists; 

(M) the location of all existing and proposed small boat trailer parking 
and storage; and 

(N) the location of all existing and proposed guest berthing. 

(d) The public access detail plan shall show or contain the following 
information: 

(1) the locations and dimensions of all existing and proposed areas of 
fill for public access; 

(2) the locations, typical widths, and typical elevations of all existing 
and proposed paths; 

(3) the location, dimensions, and elevations of all existing and pro- 
posed seating areas; 

(4) the location and dimensions of all existing and proposed irrigated 
landscaped areas (distinguish areas containing either trees, tall shrubs, 
low shrubs, groundcover, or lawn); 

(5) the location and dimensions of all existing and proposed nonirri- 
gated landscaped areas (distinguish areas containing either trees, tall 
shrubs, low shrubs, groundcover, and lawn); 

(6) the location and height of all existing and proposed berms or 
mounds; 

(7) the location and type of all existing and proposed lighting; 

(8) the location of all existing and proposed restrooms; 

(9) the types of paving materials; 

(10) the location and number of spaces of all existing and proposed 
public parking; 

(11) the location of all existing and proposed public access signs; 



(12) the location of all connections from existing or proposed public 
access to the nearest public areas or public sidewalks; 

(13) the locati on and dimensions of all existing and proposed view cor- 
ridors; 

(14) seasonal wind directions; 

(15) the location and dimensions of all areas of midday shadow cast 
by structures on the longest and shortest days of the year; and 

(16) dimensions of the minimum, maximum and average widths of the 
overall public access areas. 

(e) The cross section(s) required by subsection 10315(a)(3)(C) and 
10315(a)(3)(D), the site plan required by subsections 10315(c), and the 
public access detail plan required by subsection 10315(d) shall all con- 
tain the following information: 

(1) a title; 

(2) the name and address of the person who prepared the plan; 

(3) the date of the plan; 

(4) a north arrow; 

(5) a scale; 

(6) the location and the elevation of the line of highest tidal action; 

(7) the location and elevation of the top of the baiTk; 

(8) the location and elevation of the landwai'd limit of the Commis- 
sion's 100-foot shoreline band jurisdiction; 

(9) the location and dimensions of all parcel lines; and 

(10) the location of any contiguous parcels owned by an applicant or 
coapplicant. 

(f) All elevations shown on the cross-section(s), the site plan, or the 
public access detail plan shall be shown in National Geodetic Vertical 
Datum. 

(g) The Executive Director may modify or waive any or all of the proj- 
ect description, site plan, pubhc access plan, elevations, or tidal datum 
reference point requirements of this section if he or she determines that 
the information is not necessary for Design Review Board evaluation of 
the proposed project. 

NOTE; Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: San Francisco Bay Plan, Public Ac- 
cess, Finding b (page 26), Policy 9 (page 28); and Littoral Dev. Co. v. San 
Francisco Bay Conservation and Dev. Conini 'n (1994) 24 Cal.App. 4th 1050, 29 
Cal. Rptr. 2d518. 

History 

1. New section filed 10-12-89; operative 10-12-89 (Register 89, No. 43). 

2. Amendment of subsection (a)(2) filed 4-18-90; operative 5-18-90 (Register 
90, No. 18). 

3. Editorial correction of printing error restoring text corrected (Register 91 , No. 
46). 

4. Amendment of subsections (a), (a)(3)(C), (b)(4)-(5), (d)(l 2), and (e)-(e)(9) and 
Note filed 5-24-96; operative 6-23-96 (Register 96, No. 21). 

5. Amendment of subsection (a) and new subsection (g) filed 1-22-98; operative 
l-21-98(Register98, No. 4). 

§ 10316. Submittal of Engineering Criteria Review Board 
Materials. 

An applicant for a Bay Commission permit for a project that requires 
review by the Engineering Criteria Review Board (ECRB) shall submit 
to the Commission staff, at least 14 days prior to the scheduled ECRB 
meeting at which the Board will review the project, all of the following: 
thirteen 12" x 18" reductions of any geotechnical reports, structural 
plans, engineering analyses and design calculations needed to accommo- 
date ECRB review 

NOTE; Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: San Francisco Bay Plan, Safety of 
Fills, Findings a, b, c (page 13), and Policies 1 and 2 (pages 13 and 14) 

History 

1. New section filed 4-18-90; operative 5-18-90 (Register 90, No. 18). 



Page 510 



Register 98, No. 9; 2-27-9 



Title 14 



San Francisco Bay Conservation and Development Commission 



§ 10351 



Article 2. Schedule of Fees for Filing and 
Processing Permit Applications 

History 

1. Combination and amendment of sections 10330-10338 to form Appendix M 
filed 11-20-91; operative 12-20-91 (Register 92, No. 8).Forprioriiistory,see 
Register 89, No. 43. 



Article 3. Filing Procedures 

§ 10350. When an Application Is Submitted for Filing. 

(a) An appJication shall be submitted for filing and the thirty (30) day 
time period required by California Government Code Section 65943 
shall begin to run when an executed application form is received at the 
Commission's offices unless the applicant requests in writing that the 
application not be accepted as submitted for filing at that fime. 

(b) If the applicant requests in writing that the apphcation not be ac- 
cepted as submitted for filing when an executed applicafion form is re- 



ceived at the Commission's offices, the application shall thereafter be 
submitted for filing and the thirty (30) day time period required by Cali- 
fornia Government Code Section 65943 and the time periods imposed by 
California Government Code Secdon 66632 and either California Gov- 
ernment Code SecUon 65950 or 65952 shall begin to run when the staff 
receives written notification from the applicant that he or she requests the 
application be accepted as submitted for filing. 

NOTE; Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 65943, Government Code. 

History 
1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 
30). For prior history, see Register 80, No. 48. 

§10351. Method of Filing. 

(a) If the Execufive Director decides to file an application, the original 
executed application, all exhibits thereto, and all other relevant docu- 
ments shall be stamped "Filed BCDC" with the date of filing. 

(b) If the Executive Director decides that an application cannot be 
filed, the original executed applicafion, all exhibits thereto, and all other 
relevant documents shall be stamped "Not Filed BCDC" with the date of 
the Execufive Director's decision. 



[The next page is 511. 



• 



Page 510.1 



Register 98, No. 9; 2-27-98 



Title 14 



San Francisco Bay Conservation and Development Commission 



§ 10371 



NOTE; Authority cited: Section 66632(f), Government Code: and Section 
29201(e), Public Resources Code. Reference: Sections 65943, 65950-65957.1 
and 66632, Government Code; and Section 29520, Public Resources Code. 

History 

1 . Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 
30). For prior history, see Register 80, No. 48. 

§ 10352. Notification of Filing Decision. 

Written notification of the Executive Director's decision not to file an 
application shall occur at the time the letter is mailed if notification is by 
mailing or at the time of presentation if written notification is presented 
to the applicant in person. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201 (e), Public Resources Code. Reference: Sections 65943 and 66632, Govern- 
ment Code; and Section 29520, Public Resources Code. 

History 
]. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 
30). For prior history, see Register 80, No. 48. 

§ 10353. Appeal from the Executive Director's 

Determination Not to File an Application. 

(a) An applicant may appeal the Executive Director's decision not to 
file an application. The appeal shall be in the form of a letter to the Execu- 
tive Director. The letter shall explain the reasons for the appeal and in- 
clude all facts and materials the applicant believes are relevant to the ap- 
peal. 

(b) The applicant shall submit the letter of appeal within ten (10) work- 
ing days of receiving written notice of the Executive Director's decision 
not to file the application. 

(c) The Executive Director shall schedule the appeal for hearing and 
vote by the Commission as soon as practicable following receipt of the 
applicant's appeal letter. 

(d) The Commission shall by a majority vote of those present and vot- 
ing determine whether to uphold the Executive Director's determination 
or to order the permit application filed. 

NOTE; Authority cited: Section 66632(f), Government Code; and Section 
29201 (e), Public Resources Code. Reference: Sections 65943 and 66632, Govern- 
ment Code; and Section 29520, Public Resources Code. 

History 
1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 
30). For prior history, see Register 80, No. 48. 



Article 4. Distribution of Applications 

§ 10360. Distribution of Applications. 

The Executive Director shall distribute one (1) copy of the application 
and drawings to the following persons or agencies: 

(a) U.S. Army Corps of Engineers (San Francisco or Sacramento Dis- 
trict); 

(b) California Department of Fish and Game (Manager, Region 111); 

(c) San Francisco Bay Regional Water Quality Control Board; 

(d) State Lands Commission; 

(e) Deputy Attorney General assigned to the Commission; and 

(f) U.S. Fish and Wildlife Service (Sacramento Office). 

NOTE; Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632(d), Government 
Code; and Secfion 29520, Public Resources Code. 

History 
1. Repealer and new secfion filed 5-18-87; operative 6-17-87 (Register 87, No. 
30). For prior history, see Register 80, No. 48. 



Article 5. Amendments to Applications 

§ 10370. Non-Material Amendments to Pending Major 
Permit Applications. 

(a) An applicant whose application for a major permit is currently 
pending may submit a request to amend the application nonmaterially at 
any time prior to the mailing or reading of the staff recommendation on 
the previously pending application, whichever occurs first. 



(b) The apphcant shall submit the request for a non-material amend- 
ment to a permit application by letter that specifies the nature of the 
amendment and is signed by the applicant or his or her authorized repre- 
sentative. 

(c) After the submittal of a request to amend nonmaterially a pending 
application for a inajor permit, the Executive Director shall determine 
whether or not to file the amended application based on whether the 
amendment to the application will or will not materially change the appli- 
cation. If the Executive Director concludes that the amendment will ma- 
terially change the application, he or she shall refuse to file the amended 
application and shall return it to the applicant with a written statement of 
the reasons why he or she beheves that the amendment would materially 
change the application and a statement that the applicant must now sub- 
mit a new application that complies with the filing requirements of Sec- 
tion 1 03 10 for the project as amended to amend the application, and shall 
continue to process the original application. If the Executive Director de- 
termines that the amendment will not materially change the application, 
he or she shall file the amended application and shall continue to process 
and the Commission shall act on the amended application in accordance 
with the Commission's regulations for processing and acting on major 
permit applications. 

(d) The filing of a request for a nonmaterial amendment to a pending 
major permit application shall automatically supersede the original 
application, and the amended application shall thereafter be the only 
application considered as pending before the Commission. 

NOTE; Authority cited: Secfion 66632(f), Government Code; and Section 
2920 1 (e). Public Resources Code. Reference: Sections 65943 and 66632, Govern- 
ment Code; and Sections 29520 and 29601, Public Resources Code; and B^/ Mar 
Estates v. California Coastal Commission (1981) 115 Cal.App.3d 395, 940. 

History 

1 . Renumbering and amendment of former Section 10370 to Secfion 10380, and 
new Secfion 10370 filed 5-1 8-87; operative 6-17-87 (Register 87, No. 30). For 
prior history, see Register 80, No. 48. 

2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43). 

§ 1 0371 . Material Amendments to Pending Major Permit 
Applications. 

(a) An applicant whose application for a major permit is currently 
pending may submit a request to amend the application materially at any 
time prior to the mailing or reading of the staff recommendation on the 
previously pending application, whichever occurs first. 

(b) The applicant shall include the following in any request to amend 
materially a pending major permit application and the Executive Director 
shall file the request only if the request contains the following: 

(1) an agreement in writing that the time periods within which the 
Commission must act under the McAteer-Petris Act and the Permit 
Streamlining Act on a permit applicauon begin as of the date of the filing 
of the request to amend the application and 

(2) an application for the project as amended that meets all the filing 
requirements contained in these regulations for a major permit applica- 
tion. 

(c) After the submittal of a request to amend materially a pending 
applicarion for a major permit, the Executive Director shall determine 
whether or not to file the amended application based on whether the 
amended application complies with the filing requirements included in 
Section 10310. If the Executive Director concludes that the amended 
application does not comply with the filing requirements contained in 
Section 10310, he or she shall return it to the applicant with a written 
statement of the reasons why the amended application does not comply 
with Section 10310 and a list of the materials needed to bring the 
amended application into conformance with the filing requirements of 
Section 10310 and shall continue to process the original application. If 
the Executive Director determines that the amended appUcation does 
comply with the filing requirements of Section 10310, he or she shall file 
the amended application and shall process the application and the Com- 
mission shall vote on the application in full conformance with all of the 
regulations that govern the fiHng, processing, and Commission action on 
a major permit application. 



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(d) The I'iling of a request for a material amendment to a pending per- 
mit application shall automatically supersede the original application, 
and the application as modified by the request for amendment shall there- 
after be the only application pending before the Commission. 
NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632, Government Code; 
Section 2960 1 , Public Resources Code; and Bel Mar Estates v. California Coastal 
Commission (1981) 115 Cal.App.3d 935, 940. 

History 

1. Renumbering and amendment of former Section 10371 to Section 10381, and 
new Section 1 0371 Filed 5-1 8-87; operative 6-17-87 (Register 87, No. 30). For 
prior history, see Register 80, No. 48. 

2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43). 

§ 1 0372. Effect of Refusal to Withdraw Original 
Application. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632, Government Code; 
and Section 29520, Public Resources Code. 

History 

1. New section filed 5-18-87; operafive 6-17-87 (Register 87, No. 30). 

2. Repealer filed 10-12-89; operative 10-12-89 (Register 89, No. 43). 



Subchapter 3. Summaries of Applications 
for Major Permits 

§10380. Contents. 

(a) The Executive Director shall prepare a summary of each applica- 
tion for a major permit that has been filed. The summary shall be brief 
and understandable, shall fairly present the substance of the application 
and shall quote from the application wherever appropriate. 

(b) The Executive Director may attach staff comments to the summary 
that shall be clearly labelled to distinguish them from the summary and 
shall point out questions of fact, applicability of San Francisco Bay Plan 
policies, Suisun Marsh Protection Plan policies, approved local protec- 
tion program policies, related previous applications, issues identified by 
the staff, and other relevant matters 

(c) The Executive Director may illustrate the summary with the maps 
or drawings furnished by the applicant and may attach other maps or 
drawings that would help to present fairly the substance of the applica- 
tion. 

(d) If the Commission has prepared an environmental assessment, it 
shall be included as part of the application summary. 

Note; Authority cited: Section 66632(f), Government Code; and Section 
29201 (e). Public Resources Code. Reference: Sections 66632 and 66653, Govern- 
ment Code; and Section 29601, Public Resources Code. 

History 
1 . Repealer of former Section 10380, and renumbering and amendment of Section 

10370 to Section 10380 filed 5-18-87; operafive 6-17-87 (Register 87, No. 

30). For prior history, see Register 80, No. 48. 

§ 10381. Distribution of Application Summary. 

(a) If the Commission did not prepare an environmental assessment, 
the Executive Director shall distribute the application summary and staff 
comments to all Commissioners, to the applicant, to all agencies listed 
in section 10360, to all affected cities and counties, to all individuals and 
organizations who have requested distribution in writing, to all other per- 
sons thought to have a particular interest in the application, and to all 
agencies that have jurisdiction by law with respect to any proposed activ- 
ity that is the subject of the application summary no less than ten (10) 
days prior to the scheduled public hearing. 

(b) If the Commission prepared an environmental assessment, the Ex- 
ecutive Director shall distribute the application summary no less than 
thirty (30) days prior to the scheduled public hearing to all responsible 
agencies as defined in the California Environmental Quality Act and to 
all persons and entities listed in section 10381(a). 

NOTE: Authority cited: Section 66632, Government Code; and Section 29201(e), 
Public Resources Code. Reference: Secfion 66632. Government Code; and Sec- 
dons 21080.5(d)(2)(C), 29500, 29501 and 29520, Public Resources Code. 



History 

1. Repealer of former secfion 10381, and renumbering and amendment of secfion 
10371 to section 10381 filed 5-1 8-87; operafive 6-17-87 (Register87, No. 30). 
For prior history, see Register 80, No. 48. 

2. Amendment of subsecfion (a) filed 4-18-90; operafive 5-18-90 (Register 90, 
No. 18). 

3. Editorial correction of (b) and NOTE (Register 91, No. 15). 

4. Amendment of subsecfion (a) filed 3-21-91; operative 4-20-91 (Register 91, 
No. 15). 

5. Amendment of subsecfion (a) and Note filed 2-16-2007; operative 3-1 8-2007 
(Register 2007, No. 7). 



Chapter 4. Major Permit Procedures: 

Commission Hearings and Public Comments 

on Applications 



Subchapter 1. Commission Hearings 



Article 1. Scheduling Public Hearings 

§ 10400. Scheduling Initial Hearing. 

(a) No public hearing on any permit appUcation shall be held sooner 
than the twenty-eighth (28th) day following the day of "receipt" of the 
application, except when the Executive Director determines that: 

(1) hearing the application sooner than the twenty-eighth (28th) day 
will not cause hardship to the Commission, to other permit applicants, 
and to others interested in the application; and 

(2) adequate time exists to prepare and to mail an application summary 
and notice of the pubhc hearing. 

(b) If the Executive Director determines to hold a pubUc hearing soon- 
er than the twenty-eighth (28th) day following "receipt" of the applica- 
tion, he or she shall summarize these determinations and the facts on 
which it was based in the meeting notice required by these regulations. 
NOTE: Authority cited: Secfion 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Secfion 66632, Government Code; 
and Section 29520(a), Public Resources Code. 

History 
1. New secfion filed 5-18-87; operafive 6-17-87 (Register 87, No. 30). 

§ 10401. Notice to Applicant and Interested Parties. 

(a) At least ten (10) days prior to the initial public hearing, the Execu- 
tive Director shall notify each applicant and all persons to whom the Ex- 
ecutive Director must mail an application summary of the date of the 
hearing and the general procedure of the Commission concerning hear- 
ings and actions on applications. 

(b) Notice to an applicant's representative as designated on the com- 
pleted permit application form shall constitute notice to the applicant. 
NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), PubUc Resources Code. Reference: Secfion 66632, Government Code; 
and Section 29520(a), Public Resources Code. 

History 
1. New secfion filed 5-18-87; operafive 6-17-87 (Register 87, No. 30). 

§10402. Hearing Postponement. 

The Executive Director may postpone a public hearing on a permit 
application if the postponement will not prevent the Commission from 
voting on an application within the time limits set out in Government 
Code Section 66632 and Government Code Sections 65950 through 
65957. 1 . In deciding whether to postpone a public hearing, the Executive 
Director shall consider the following factors: 

(a) whether the applicant requested a postponement; 

(b) whether the applicant waived in writing the time period for voting 
set forth in Government Code Section 66632 and extended in writing the 
time period set forth in Government Code Sections 65950 through 
65957.1; 

(c) the effect that the postponement would have on the coordination 
and scheduling of other agenda items; and 



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Title 14 



San Francisco Bay Conservation and Development Commission 



§ 10422 



(d) the cost of the postponement and the effect it would have on the 
convenience to the Commission, the staff, and the public. 
NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Sections 66632, 63950-65957.1, 
Government Code; and Section 29520(a), Public Resources Code; and Bel Mar 
Estates v. California Coastal Commission (1981) 115 Cal. App. 936, 940. 

History 

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). 



History 
1 . Repealer of former Section 10412, and renumbering and amendment of Section 
10414 to Section 10412 filed 5-18-87; operative 6-17-87 (Register 87, No. 
30). For prior history, see Register 79, No. 29. 



Article 2. 



Hearing Procedures and Field 
Trips 



§ 1 041 0. Order of Hearing. 

(a) The Commission's public hearing on a permit application shall 
proceed in the following order: 

(1) the Chair shall open the public hearing; 

(2) the Executive Director or the Chair shall identify the application 
and any correspondence received by the Commission relative to the 
application; 

(3) the applicant or his or her representative may present any material 
to expand on the application summary; 

(4) other persons may speak concerning the application; 

(5) the applicant may rebut or comment on what the applicant believes 
to have been incorrect or misleading factual information given during the 
hearing; and 

(6) to continue it to a subsequent meeting the Commission may either 
close the public hearing, continue it to a subsequent meeting, or leave the 
hearing open for additional written comment only. 

(b) Except in extraordinary circumstances, no person shall speak more 
than once to an application. Additional comments, including rebuttal to 
remarks of other speakers, shall be made in writing for subsequent distri- 
bution to the Commission and interested parties. 

(c) The Chair may establish time limits for presentations made during 
a public hearing. 

(d) Commissioners may ask questions at any time as time allows. 
NOTE: Authority cited: Section 66632(f), Government Code; and Secdon 
29201(e), Public Resources Code. Reference: Section 66632, Goveniment Code; 
and Section 29520(a), Public Resources Code. 

History 
1. Amendment filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior 
history, see Register 79, No. 29. 

§ 1 041 1 . Post-Hearing Questions and Statements. 

(a) After the close of a public hearing. Commissioners may still direct 
questions or comments to the Executive Director or the applicant. 

(b) The staff shall treat written comments received after the close of 
the public hearing according to Sections 10430 and 10431 so long as the 
Commission receives them within any time limits that the Commission 
may set. 

NOTE: Authority cited: Section 66632(0, Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632, Government Code; 
and Section 29520(a), Public Resources Code. 

History 
1. Repealer of former Section 10411. and renumbering and amendment of Section 

10413 to Section 10411 filed 5-18-87; operafive 6-17-87 (Register 87, No. 

30). For prior history, see Register 79, No. 29. 

§10412. Field Trips. 

(a) Whenever the Commission takes a field trip to the site of any pro- 
posed project, the Commission meeting notice shall state that the Com- 
mission intends to take afield trip, and the Chair shall admonish the Com- 
mission members that they shall inform the Commission at the next 
Commission meeting of any substantive communications they had at the 
field trip regarding the application with anyone other than a member of 
the staff or with other Commissioners. The minutes of the next Commis- 
sion meeting at which the Commission discusses the application shall 
note the fact of the field trip. 

NOTE: Authority cited: Secrion 66632(0, Government Code; and Section 
29201(e), Public Resources Code. Reference: Sections 66632 and 11120-11131, 
Government Code; and Section 29520(a), Public Resources Code. 



Article 3. Additional Hearings, Withdrawal, 
and Off-Calendar Items 

§ 10420. Continued Hearings. 

The Commission should complete a public hearing on an application 
in one Commission meeting. However, the Chair may decide or the Com- 
mission may vote at the public hearing to continue a public hearing to a 
subsequent meeting if it believes that: 

(a) too many speakers exist to be heard within the time reasonably 
available, or 

(b) questions have been raised or amendments to the application or 
conditions have been proposed on which the public should have an op- 
portunity to comment after time for reflection. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632, Government Code; 
and Section 29520(a), Public Resources Code. 

History 

1. Amendment filed 5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior 
history, see Register 73, No. 16. 

§ 10421 . Application Withdrawal and Removal from Active 
Consideration. 

(a) At any time before the Commission begins to vote on an applica- 
tion, an applicant may either withdraw the application permanently or 
may remove the application temporarily from the Commission's active 
consideration. 

(b) An applicant shall withdraw an application permanently either by 
a signed written document or by stating the fact of the withdrawal on the 
record at a Commission meeting. Withdrawal shall not require Commis- 
sion concurrence. 

(c) An applicant shall remove an application temporarily from active 
consideration either by a signed written document or by stating the fact 
of the removal on the record at a Commission meeting. In either case, the 
applicant shall expressly: 

(1) extend the ninety (90) day time limit of Government Code Section 
66632(0 for at least sixty (60) days; and 

(2) agree that the application is withdrawn permanently unless the 
applicant reactivates the application in writing at least thirty (30) days 
prior to the expiration of the extended review period and the removal 
from active consideration and resultant extension of time within which 
the Commission acts on the application does not cause the Commission 
to exceed the period in which it must act on the application pursuant to 
California Government Code Sections 65950 through 65957.1. 

(d) The applicant may remove an application from active consider- 
ation once without Commission concurrence and any number of addi- 
tional times with the concurrence either of the Executive Director or the 
Commission if the applicant complies with the requirements of subdivi- 
sion (c) of this section. 

NOTE: Authority cited: Secrion 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Sections 65950-65957.1 and 
66632, Government Code; Section 29520(a), Public Resources Code; and Bet Mar 
Estates v. California Coastal Commission (1981) 1 15 Cal. App. 3d 935, 940. 

History 

1. Amendment filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior 
history, see Register 73, No. 16. 

§ 10422. Necessity of Additional Public Hearing After 
Delay. 

NOTE: Authority cited: Section 66632(0, Government Code; and Section 
29201(e), Public Resources Code. Reference: Sections 65950-65957.1 and 
66632, Government Code; and Section 29520(a), Public Resources Code. 

History 
1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 
30). For prior history, see Register 73, No. 16. 



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§ 10423 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



2. Repealer filed 9-25-96; operative 9-25-96 pursuant to Government Code sec- 
tion 11343.4(d) (Register 96, No. 39). 



§ 10423. Procedures for a Hearing on a Materially 
Amended Application. 

If the Executive Director files a materially amended permit applica- 
tion under Section J 037 1 , the Commission shall hold an additional public 
hearing on the materially amended application. The Executive Director 
shall prepare and distribute a new or revised application summary of the 
amended application or an addition to the existing summary at least ten 
(10) days prior to the hearing on the amended application. 
NOTE: Authority cited: Section 66632(f). Government Code; and Section 
29201(e), Public Resources Code. Reference: Sections 65950-65957.1 and 
66632, Government Code; and Section 29520(a), Public Resources Code. 

History 

1 . Repealer and new section filed 5-1 8-87; operative 6-17-87 (Register 87, No. 
30). For prior history, see Register 73, No. 16. 



Subchapter 2. Public Comments on 
Applications 



§10430. Distribution of Comments. 

(a) Except as provided in Section 10431, the Executive Director shall 
promptly reproduce the text of all written communications concerning 
applications that the Executive Director, the Commission, or the Chair 
has received and shall promptly distribute the texts to the parties named 
in Section 10381 if the staff receives the comments either no later than 
5 p.m. on the Tuesday following the close of the public hearing, provided 
that if the Commission votes on an application on the same day as it 
closes the public hearing, no written comments will be accepted after the 
close of the public hearing, or prior to such other deadline that the Com- 
mission may estabhsh, provided that if an applicant submits and the Ex- 
ecutive Director files a nonmaterial amendment to the application less 
than seven days prior to the close of the period for accepting written com- 
ments from the public, the public can submit written comments on the 
amendment at any time prior to the Commission vote on the amended 
application and the Executive Director shall reproduce and distribute 
those comments in the same manner. 

(b) The Executive Director shall not reproduce and distribute written 
communications pertaining to a permit application received later than 5 
p.m. on the Tuesday following the close of the public hearing or after 
such other deadline that the Commission, the Chair, or the Executive Di- 
rector may establish at the Commission meeting at which the Commis- 
sion holds the public hearing on the application. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Sections 65950-65957.1 and 
66632, Government Code; and Section 29520(a), Public Resources Code. 

History 

1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 
30). For prior history, see Register 80, No. 48. 

2. Amendment filed 10-12-89; operafive 10-12-89 (Register 89, No. 43). 



§ 1 0431 . Treatment of Similar Communications. 

When the Commission or the Chair receives more than five (5) similar 
communications, the texts do not need to be reproduced, but the Execu- 
tive Director shall inform the Commission of the names and addresses of 
the senders and of the substance of the communications. 
NOTE: Authority cited: Section 66632(f), Government Code; and Secfion 
29201(e), Pubfic Resources Code. Reference: Sections 65950-65957.1 and 
66632, Government Code; and Section 29520(a), Public Resources Code. 

History 

1. Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 
30). For prior history, see Register 80, No. 48. 



Chapter 5. Major Permit Procedures: 
Approval or Denial of Permits 

Article 1. Staff Recommendations 

§10500. Staff Recommendation. 

(a) The Executive Director shall prepare a recommendation for pre- 
sentation at the meeting at which the Commission will vote on an applica- 
tion. 

(b) The Executive Director's recommendation shall be in the form of 
a proposed Commission resolution that complies with Section 10501 if 
it recommends approval or that comphes with Section 10502 if it recom- 
mends denial. 

(c) In either case, the Executive Director shall also prepare and present 
at the meeting at which the Commission will vote on an application a 
summary of all significant environmental points raised during the pro- 
cess of reviewing the application and a staff response to each of those 
points. 

NotE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632, Government Code; 
and Sections 21080.5(d)(2)(D) and 29520(a), Public Resources Code. 

History 

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). 

2. New subsection (c) and amendment of Note filed 2-16-2007; operative 
3-18-2007 (Register 2007, No. 7). 

§ 1 0501 . Contents of Resolution of Approval. 

A resolution granting an application in whole or in part shall: 

(a) summarize briefly but completely the project to be approved and 
any differences from the project described in the application; 

(b) authorize the project; 

(c) state cleariy and briefly the terms and conditions to which the per- 
mit will be subject; 

(d) state the specific findings of fact that support, as applicable, all of 
the following conclusions: 

(1) that the project conforms to either: 

(A) the' relevant provisions of California Government Code Sections 
66600 through 66661 and the San Francisco Bay Plan if the project com- 
es under the Commission's jurisdiction under California Government 
Code Sections 66610 and 66632, or 

(B) the relevant provisions of Califoinia Public Resources Code Sec- 
tion 29000 through 29612, the San Francisco Bay Plan, and the Suisun 
Marsh Protection Plan if the project comes under the Commission's juris- 
diction under California Public Resources Code Sections 29101, 29500, 
and 29501 and there is no certified local protection program for the Sui- 
sun Marsh, or 

(C) the relevant provisions of California Public Resources Code Sec- 
tions 29000 through 29612, the San Francisco Bay Plan, and the Suisun 
Marsh Protection Plan or of the certified local protection program for the 
Suisun Marsh if acertified local protection program exists and if the proj- 
ect comes under the Commission's jurisdiction under California Public 
Resources Code Section 29101, 29500, and 29501. 

(2) that the project is consistent with the public trust needs for the area; 

(3) that if the Commission is a responsible agency, either the project 
is statutorily or categorically exempt or that the lead agency has prepared 
and certified either a negative declaration or an environmental impact re- 
port on which the Commission has relied; and 

(4) that if the Commission is the lead agency, either the project is statu- 
torily or categorically exempt or the terms and conditions of the Commis- 
sion permit together with the actions of other agencies make the project 
consistent with California Pubhc Resources Code Sections 21000 
through 21177. 

NOTE: Authority cited: Secfion 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Sections 66600, 66601, 66602, 
66602.1. 66603, 66605, 66632(f) and 66632.4, Government Code; and Secfions 
21000-21 176 and 29520(e), Public Resources Code. 



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§ 10510 



History 
I. Renumbering and amendment of Section 10440 to Section 10501 filed 
5- 1 8-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis- 
ter 80, No. 48. 

§10502. Contents of Resolution of Denial. 

A resolution denying an application shall state specifically the 
grounds for the denial based on findings and declarations, relevant facts, 
statutory criteria, and San Francisco Bay Plan policies, and Suisun Marsh 
Protection Plan policies and the policies of the certified local protection 
program, in a manner analogous to that provided in Section 10501. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 

29201(e), Public Resources Code. Reference: Section 66632, Government Code; 

and Sections 21000-21 176 and 29520(a), Public Resources Code. 

History 

1. Renumbering and amendment of Section 10441 to Section 10502 filed 
5-18-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis- 
ter 80, No. 48. 

§ 10503. Terms and Conditions. 

(a) The terms and conditions to which a permit is made subject, such 
as those relating to alternatives or measures to reduce or offset adverse 
impacts on the resources of the Bay, priority use areas, or public access, 
may concern any subject that is within the scope of the Cahfomia Gov- 
ernment Code Sections 66600 through 66661, California Public Re- 
sources Code Sections 29000 through 29612, the Commission's San 
Francisco Bay Plan, including any adopted Special Area Plan, the Suisun 
Marsh Protection Plan, the certified Local Protection Program for Suisun 
Marsh, Sections 3 and 4 of Article X of the California Constitution, the 
Management Program, and any other legislation that grants the Commis- 
sion regulatory authority and that is also reasonably related to the project. 

(b) Each permit shall contain conditions that the Commission has ap- 
proved as part of the resolution approving the project. 

(c) The terms and conditions of a permit shall normally remain effec- 
tive so long as the permit remains effective, the uses authorized in the per- 
mit remain in effect, or the structures authorized in the permit remain 
standing, whichever is longer, unless the condition specifies differently. 

(d) The terms and conditions of a permit shall bind all future owners 
and possessors of the property unless the Commission sets an expiration 
date or provides that the condition(s) shall apply only to the applicant or 
other specifically named party. 

(e) The terms and conditions of a permit that authorizes the placement 
of fill or the extraction of materials shall specify dates by which the place- 
ment of fill or the extraction of materials shall commence and shall be 
completed. If the permit does not specify a date by which the placement 
of fill or the extraction of the material must be completed, the permittee 
must complete the placement or extraction within three (3) years of the 
date on which the Commission approved the permit. If the placement of 
the fill or the extraction of the material is not completed by the date speci- 
fied in the permit or, if the permit specifies no date, by three (3) years 
from the date the Commission approved the permit, the authorization 
shall become null and void, although other conditions of the permit will 
still be binding. These time limitations may be extended by amendment 
of the permit. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Sections 66600, 66601, 66602, 
66602.1, 66603, 66605 and 66632(f), Government Code; and Sections 21001, 
21002.1, 21004, 21080.5, 29506 and 29520(a), Public Resources Code. 

History 
1. Renumbering and amendment of Section 10442 to Section 10553 filed 
5-18-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis- 
ter 80, No. 48. 

§ 10504. Staff Recommendation — Presentation. 

Before any motion on an application may be made, the Executive Di- 
rector shall present the staff recommendation to the Commission. The 
Executive Director should mail the staff recommendation in writing to 
the Commission, the applicant, and each interested party from whom a 
written request has been received at least six (6) days prior to the meeting 
at which the matter is noticed. However, if the Executive Director cannot 
do so, he or she shall read the recommendation in full to the Commission 



at the meeting at which the matter is noticed for voting or provide copies 
of a written recommendation to each Commissioner and each interested 
party present at the meeting at which the matter is noticed. When copies 
are provided, the Chair shall allow sufficient time for each person to read 
the recommendation. 

NotE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e). Public Resources Code. Reference: Section 66632. Government Code; 
and Section 29520(a), Public Resources Code. 

HtSTORY 
1. Renumbering and amendment of Section 10451 to Section 10504 filed 
5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis- 
ter 75, No. 51. 

§ 10505. Applicant's Comments and Commission 
Questions. 

(a) The applicant or the applicant's representative shall have an oppor- 
tunity to state briefly and specifically his or her views on the Executive 
Director's recommendation immediately following the presentation of 
the recommendation. 

(b) If the Executive Director has not mailed his or her recommendation 
to the applicant at least six (6) days prior to the meeting at which he or 
she scheduled the vote and if the applicant states that he or she is not pre- 
pared to state his or her views on the recommendation, the applicant may 
request postponement of the matter until the Commission's next sched- 
uled meeting. 

(c) If such a postponement would not extend beyond the expiration of 
the ninety (90) day period established by subdivision (f) of Government 
Code Section 66632 and beyond the time limit established by Govern- 
ment Code Sections 65950 through 65957.1, the applicant's comments 
and all Commission discussion, further questions, and voting shall be au- 
tomatically postponed to the next scheduled Commission meeting. 

(d) If such a postponement would extend beyond the expiration of the 
ninety (90) day period established by Government Code Section 66632, 
further action on the application shall be postponed only if the applicant 
agrees on the record to extend that period to allow the Commission to 
vote. 

(e) If such postponement would extend beyond the expiration of the 
time limits established by Government Code Sections 65950 through 
65957.1, further action on the application cannot be postponed. 
NOTE; Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Sections 65950-65957.1 and 
66632, Government Code; and Section 29520(a), Public Resources Code. 

History 
1. Renumbering and amendment of Section 10452 to Section 10505 filed 
5- 1 8-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis- 
ter 75, No. 51. 



Article 2. Voting 

§ 1 051 0. Time for Voting. 

The Commission shall vote on an application at the same meeting as 
the meeting at which the Commission closes the public hearing unless ei- 
ther (1) one or more Commission member objects, (2) the Executive Di- 
rector withdraws the tentative recommendation because he or she be- 
lieves that an issue or issues were raised at the public hearing that the 
tentative recommendation does not adequately address, (3) the Executive 
Director is not prepared to present a recommendation, (4) voting at the 
same meeting is inconsistent with existing law or regulation, or (5) the 
meeting notice for that meeting does not state that the Commission may 
vote on the application. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632, Government Code; 
Section 29520(a), Public Resources Code; and Foundation for San Francisco Ar- 
chitectural Heritage v. Cit}' and County of San Francisco ( 1 980) 1 06 Cal. App. 3d 
893, 906-907. 

History 
1 Repealer of former Section 10510 and renumbering and amendment of Section 
10450 to Section 10510 filed 5-18-87; operative 6-17-87 (Register 87, No. 
30). For prior history, see Registers 80, No. 48 and 75, No. 51 . 
2. Amendment of subsection (a) and repealer of subsection (a) designator and sub- 
sections (b) and (c) filed 9-19-96; operative 10-19-96 (Register 96, No. 38). 



Page 515 



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§ 10511 



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Title 14 



§10511. Straw Votes. 

The Commission will take a straw vote on any question if the Chair 
believes that it will facilitate consideration of any application. 
NOTE; Authority cited: Section 66632(f), Governmeni Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632, Government Code; 
and Section 29520(a), Public Resources Code. 

History 

1. Renumbering and amendment of Section 10454 to Section 10511 filed 
5-18-87; operative 6-1 7-87 (Register 87. No. 30). For prior history, see Regis- 
ter 75, No. 51. 

§ 10512. Voting Procedure. 

(a) Any voting member may move to vote on an application. The mo- 
tion shall be to approve the application, either with or without conditions. 

(b) The Commission shall vote on permit applications by roll call in 
alphabetical order except that the Chair shall vote last. 

(c) Votes by the Commission shall only be on the affirmative question 
of whether the permit should be granted, i.e., a "yes" vote shall be to grant 
a permit (with or without conditions) and a "no" vote shall be to deny a 
permit. 

(d) Any member may change his or her vote only before the Chair an- 
nounces the results of the vote. 

(e) Thirteen (13) or more "yes" votes shall mean that the Commission 
has approved the application with such conditions as the motion con- 
tained. 

(0 Less than thirteen (1 3) "yes" votes shall mean that the Commission 
has denied the application. 

(g) Once the Chair announces the results of the vote, it shal 1 be the final 
action on the application except as provided in Section 10514 for the 
adoption of findings to support the Commission's actions. 
NOTE; Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632, Government Code; 
Section 29520(a), Public Resources Code; and Foundation for San Francisco Ar- 
cliitectural Heritage v. City and CountM of San Francisco ( 1 980) 1 06 Cal . App. 3d 
893,906-907. 

History 
1. Renumbering and amendment of Section 10455 to Section 10512 filed 
5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis- 
ter 75, No. 51. 

§ 10513. Voting by Members Absent from Hearing. 

(a) A member may vote on any application despite having been absent 
from the public hearing(s) on the application if he or she has read the min- 
utes of the hearing(s) and has had an opportunity to ask questions con- 
cerning the application at a Commission meeting before voting. 

(b) Prior to commencing a roll call on any application, the Chair should 
ask members who were not present at the hearing(s) on the application 
to indicate for the record that they have read the application summary and 
the minutes of the hearing(s) and are prepared to vote. 

(c) Inadvertent failure to follow the procedure set out in paragraph (b) 
of this section shall not invalidate the vote. 

NOTE; Authority cited: Section 66632(f), Government Code; and Section 

29201(e), Public Resources Code. Reference: Section 66632, Government Code; 

Section 29520(a), Public Resources Code; and he Strange v. City of Berkeley 

(1962) 210 Cal. App. 2d 313, 325. 

History 

1. Renumbering and amendment of Section 10457 to Section 10513 filed 
5-18-87;operative6-17-87(Register87, No. 30). For prior history, see Regis- 
ter 73, No. 18. 

§ 10514. Commission Findings on Permits. 

(a) If the Commission vote is consistent with the Executive Director's 
recommendation, the findings and conclusions contained in the recom- 
mendation shall become the Commission's findings and conclusions un- 
less the Commission expressly adopts different or additional findings. 

(b) If the Executive Director recommends approval and the Commis- 
sion approves the application with additional terms or conditions or dif- 
ferent terms or conditions than those recommended by the Executive Di- 
rector, those members of the Commission who voted for approval shall 
slate their reasons for requiring the additional or different terms or condi- 
tions after the vote becomes final. 



(c) If the Executive Director recommends approval and the Commis- 
sion denies the application, all members who vote "no" on the application 
shall state their reasons for their "no'" vote after the vote becomes final. 

(d) If the Executive Director recommends denial and the Commission 
votes to approve the application, all members who vote "yes" shall state 
their reasons for their "yes" vote after the vote becomes final. 

(e) When the Commission has voted on a permit application in a man- 
ner that is not consistent with the Executive Director' s recommendation, 
the Executive Director shall prepare draft findings based on the state- 
ments made by those Commission members who voted consistent with 
the outcome of the vote and on such other materials as the Executive Di- 
rector believes is necessary to support the Commission's decision legally 
or is otherwise appropriate. The Executive Director shall present pro- 
posed findings to the Commission at the meeting following the vote on 
the application, at which time the Commission shall vote on the proposed 
findings. Only those Commission members who voted consistent with 
the prevailing decision may vote on whether or not to adopt the proposed 
findings. The vote shall be by a majority of those present and voting. If 
those present and voting do not adopt the proposed findings that the Ex- 
ecutive Director has submitted, they can either make such changes as 
they determine are appropriate and adopt the findings at that meeting or 
direct the Executive Director to prepare further proposed findings and 
submit them to the Commission at the next meeting, in which case those 
who voted consistent with the prevailing decision may again vote on 
whether to adopt the further proposed findings. This cycle shall continue 
until the Commission has adopted findings to support its decision. 
NOTE; Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632, Government Code; 
Section 29520(a), Public Resources Code; Sierra Club v City ofHayward (1981) 
28 Cal. 3d 840, 858-60; Topanga Assn. for a Scenic Community v. County of Los 
Angeles{\91A) 1 1 Cal. 3d 506, 5]4-17;and Foundation for San Francisco Archi- 
tectural Heritage v. City and County' of San Francisco, (1980) 106 Cal. App. 3d. 
893, 906-907. 

History 

1. New section filed 5-18-87; operafive 6-17-87 (Register 87, No. 30). 

2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43). 

§10515. Specific Action. 

The approval of an application by its receiving thirteen (13) or more 
"yes" votes or the denial of an application by its receiving less than thir- 
teen (13) "yes" votes shall be the "specific action" granting or denying 
the permit as required by the second sentence of subdivision (f) of Gov- 
ernment Code Section 66632. 

NOTE: Authority cited: Section 66632(f), Governmeni Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632(f), Government 
Code; and Section 29520(a), Public Resources Code. 

History 
1. Renumbering and amendment of Section 10458 to Section 10515 filed 

5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history. Register 

73, No. 18. 

§ 10516. Environmental Documentation Required for 
Public Hearing and Vote on Major Permit. 

Before the Commission may hold a public hearing and vote on a major 
permit, the Commission must receive a copy of any required environ- 
mental determination and certified environmental document issued by 
the lead agency, as follows: 

(a) If a negative declaration or environmental impact document for a 
project must be certified by the lead agency under the California Environ- 
mental Quality Act (CEQA), then the applicant may submit the certifica- 
tion and document as part of the permit application. 

(b) When the certification and document are not submitted as part of 
the permit application, either (1) the applicant must submit a copy of the 
certification and document before the Commission holds a public hear- 
ing and votes on the permit, or (2) the Commission shall deny a permit 
for the project. 

NOTE; Authority cited: Section 66632, Government Code; and Section 29201(e), 
Public Resources Code. Reference: Sections 65941 and 66632(0, Government 
Code; and Sections 21000(g) and 29520, Public Resources Code. 

History 
1. New section filed 1-26-98; operative 2-25-98 (Register 98, No. 5). 



Page 516 



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Title 14 



San Francisco Bay Conservation and Development Commission 



§ 10526 



Article 3. Issuance of Permits 

§10520. Contents of Permits. 

Permits shall be signed by the Executive Director and shall include: 

(a) the text of the Commission's resolution of approval, including all 
conditions, with all necessary exhibits and the vote of approval; 

(b) any other language or drawings, in full or incorporated by refer- 
ence, that are consistent with the Commission's resolution of approval, 
and required to clarify or facilitate carrying out the intent of the Commis- 
sion; 

(c) provisions for "all public improvements and public utiUty facilities 
which are necessary or incidental to the project," as determined by the 
Executive Director; 

(d) an unexecuted notice of receipt; and 

(e) an unexecuted notice of completion. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632(0, Government 
Code; and Section 29520(a), Public Resources Code. 

History 
] . Repealer of former Section 10520, and renuitiberine and amendment of Section 

10610 to Section 10520 filed 5-18-87; operative^ 17-87 (Register 87, No. 

30). For prior history, see Register 80, No. 48. 

§ 1 0521 . Mailing to Permittee(s). 

(a) The Executive Director shall sign and shall mail the permit to all 
permittee(s) within fifteen (15) working days following the approval, 
provided that if the permit authorizes the disposal of any dredged materi- 
al in either the Commission's "San Francisco Bay" jurisdiction or the 
Commission's "certain waterways" jurisdiction, the applicant must also 
submit a user fee as provided for in section 10522 before the Executive 
Director shall sign and mail the permit. 

(b) Within five days of the Commission approval, an applicant may re- 
quest in writing that the Executive Director extend to 30 working days 
the time period specified in subsection (a) within which the Executive Di- 
rector must issue the permit. Upon receipt of such a timely request, the 
Executive Director shall not issue the permit until the perrriittee agrees 
to its issuance or until the 30th working day after the approval of the per- 
mit application. 

NOTE; Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632(f), Government 
Code; and Section 29520(a), Public Resources Code. 

History 

1. Renumbering and amendment of former section 10521 to section 10610, and 
renumbering and amendment of section 10630 to section 10521 filed 5-18-87; 
operative 6-1 7-87 (Register 87, No. 30). For prior history, see Register 80, No. 
48. 

2. Amendment filed 11-23-92; operative 12-23-92 (Register 92, No. 48). 

3. Amendment filed 8-20-96; operative 9-19-96 (Register 96, No. 34). 

4. Desisnafion of first paragraph as subsection (a) and new subsection (b) filed 
4-15-97; operative 5-15-97 (Register 97, No. 16). 

§ 10522. User Fees for Disposal of Dredged Material Into 
Commission's "Bay" or "Certain Waterways" 
Jurisdictions. 

(a) For the disposal of dredged materials into either the Commission's 
"San Francisco Bay" jurisdiction or the Commission's "certain water- 
ways" jurisdiction other than as part of a "beneficial use project," as de- 
fined in subsecUon (c), the applicant shall submit prior to the issuance of 
any permit a check or money order in the amount equal to the product of 
$0.07 multiplied by the number of cubic yards proposed to be disposed. 

(b) If the sum of all user fees collected pursuant to this section to help 
finance the Commission's participation in the Long Term Management 
Strategy program exceeds $210,000, the Commission shall not require 
any further user fees pursuant to this secUon and shall return to all permit 
applicants all user fees collected in excess of $210,000. 

(c) "Beneficial use projects," as that term is used in California Govern- 
ment Code Section 66667(b) and in these regulations, are those projects 



in the Commission's "San Francisco Bay" or "certain waterway" juris- 
dictions where the dredged material will be used (1) as construction ma- 
terial, and (2) in one of the following types of projects: (A) habitat im- 
provement; (B) repair or improvement of levees; (C) port or public access 
facilities; or (D) other Commission-approved fill projects. 
NOTE: Authority cited: Secrion 66632(f), Government Code; and Section 
2920 1(e), Public Resources Code. Reference: Secfions 66632 and 66667, Govern- 
ment Code. 

History 

1. Renumberins of former section 10522 to secrion 10523 and new section filed 
11-23-92; operarive 12-23-92 (Register 92, No. 48). 

2. Amendment of secrion heading and secrion filed 8-20-96; operative 9-19-96 
(Register 96, No. 34). 

§ 10523. Distribution of Permit Copies. 

The Executive Director shall send a copy of the permit to the appropri- 
ate U.S. Army Corps of Engineers District Engineer and to any other per- 
son or organization who has requested in writing receipt of a copy. 
NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632(f), Government 
Code; and Section 29520(a), Public Resources Code. 

History 

1. Renumbering and amendment of section 10631 to secrion 10522 filed 5-18-87; 
operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 
48. 

2. Renumbering of former section 1 0523 to section 1 0524 and renumbering of for- 
mer secrion 10522 to section 10523 filed 1 1-23-92; operarive 12-23-92 (Reg- 
ister 92, No. 48). 

§10524. Notice of Permit. 

Notice of the issuance of a permit in which the Commission has pre- 
pared an environmental assessment and is acting as lead agency shall be 
filed with the Secretary of the Resources Agency. 
NOTE: Authority cited: Section 66632(), Government Code; and Section 
29201(e), PubUc Resources Code. Reference: Section 66632(f), Government 
Code; and Secrions 21108(a) and 29520(a), Public Resources Code. 

History 

1 . Renumbering and amendment of section 1 0632 to secrion 1 0523 filed 5-1 8-87 ; 
operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 
48. 

2. Renumbering of former section 1 0524 to section 1 0525 and renumbering of for- 
mer section 10523 to section 1 0524 filed 1 1-23-92; operarive 12-23-92 (Reg- 
ister 92, No. 48). 

§ 10525. Notice of Receipt and Acknowledgment. 

A permit shall not become effecrive and the permittee(s) shall not start 
work on the project until the Commission receives the original permit on 
which all permittees have acknowledged that they have received the per- 
mit and understand and accept the contents of the permit. 
Note: Authority cited: Secrion 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632(f), Government 
Code; and Section 29520(a), Public Resources Code. 

History 

1 , Renumbering and amendment of section 10620 to secrion 10524 filed 5-1 8-87; 
operative 6-17-87 (Register 87, No.30). For prior history, see Register 80, No. 

48. 

2. Renumbering of former section 10525 to section 1 0526 and renumbering of for- 
mer section 10524 to section 10525 filed 1 1-23-92; operarive 12-23-92 (Reg- 
ister 92, No. 48). 

§ 1 0526. Disputes over Contents of a Permit. 

(a) Any permittee who believes that the permit issued does not correct- 
ly embody the action of the Commission shall inform the Executive Di- 
rector in writing of the disagreement within thirty (30) days of receipt of 
the permit. 

(b) The permittee, the Executive Director, and the Chair shall consult 
and resolve the dispute if possible. 

(c) If the permittee, the Executive Director, and the Chair cannot re- 
solve the dispute, the Executive Director shall refer the dispute to the full 
Commission for resolution. 

NOTE: Authority cited; Secrion 66632(0, Government Code; and Section 
29201(e), Pubhc Resources Code. Reference: Secrion 66632(0, Government 
Code; and Secrion 29520(a), Public Resources Code. 



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§ 10530 



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Title 14 



History 

1 . Renumbering and amendment of section ] 0640 to section 1 0525 filed 5-1 8-87 ; 
operative 6-1 7-87 (Register 87, No. 30). For prior history, see Register 80, No. 
48. 

2. Renumbering of former section 10525 to section 10526 filed 1 1-23-92; opera- 
tive 12-23-92 (Register 92, No. 48). 

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



Article 4. Denial of Permits 

§ 10530. Notification of Denial of Permit Application. 

(a) The Commission shall notify an appHcant of the denial of a permit 
application in a letter that includes the text of the Commission's resolu- 
tion of denial or the reasons for denial and the vote thereon. 

(b) The Executive Director shall sign each notification of denial and 
shall mail it to the applicanl(s) no later than fifteen ( 1 5) working days fol- 
lowing the denial. 

(c) The Executive Director shall send copies of the notification of de- 
nial to the U.S. Army Corps of Engineers District Engineer and to any 
other person or organization who has requested in writing notification of 
the denial. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632(f), Government 
Code; and Section 29520(a), Public Resources Code. 

History 

1. Renumbering and amendment of Section 10650 to Section 10530 filed 
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis- 
ter 80, No. 48. 



Article 5. Notice of Completion 

§ 1 0540. Notice of Completion. 

The permittee(s) shall file an executed notice of completion with the 
Executive Director within two (2) weeks of completion of the work au- 
thorized in the permit. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632(f), Government 
Code; and Section 29520(a), Public Resources Code. 

History 

1. Renumbering and amendment of Section 10660 to Section 10540 filed 
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis- 
ter 80, No. 48. 



Chapter 6. Permit Procedures: 
Administrative and Emergency Permits 



Subchapter 1. Procedures for Permits for 

Minor Repairs or Improvements 

(Administrative Permits) 



Article 1. Definitions 

§ 10600. Administrative Permit. 

"Administrative permit," sometimes referred to as a "minor permit," 
means a permit issued for minor repairs or improvements. 
NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), PubUc Resources Code. Reference: Section 66632, Government Code; 
and Section 29520(a), Public Resources Code. 

History 
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). 

§ 1 0601 . Minor Repairs or Improvements. 

"Minor repairs or improvements" means any activity for which a 
Commission permit is required, that is either (a) necessary to the health, 
safety, or welfare of the public in the entire Bay Area, (b) consistent with 



the Government Code sections 66600 through 66661 and the San 
Francisco Bay Plan, or (c) 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: 

(a) with respect to activities in San Francisco Bay: 

(1) the construction of a new single boat dock no larger than 1,000 
square feet or a new multiple boat dock 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) the installation of new protective works and repairs to existing pro- 
tective works, such as bulkheads and riprap, that meet the following crite- 
ria: 

(A) the size of the new work(s) or the repairs to the existing work(s) 
constitute the minimum amount necessary to stabilize existing dikes and 
banks or to provide improved fish or wildlife habitat, and 

(B) the new work or repairs to existing work(s) would cover less than 
10,000 square feet of the horizontal projection of the work below the 
shoreline; 

(3) the placement of piles to support extensions of portions of principal 
structures, as defined in section 10702(b), over the water where the total 
of any such extensions would not exceed 1 ,000 square feet in area; 

(4) the placement of outfall pipes approved by the California Regional 
Water Quality Control Board, San Francisco Bay Region; 

(5) the placement of utility cables on or under the bottom of the Bay; 

(6) routine repairs, reconstruction, replacement, removal, and mainte- 
nance that do not involve any substantial enlargement or 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 compUes with section 
10701 and that does not exceed 1.000 square feet in area. 

(b) with respect to activities in the 100-foot shoreline band: 

(1) the placement of small amounts of inert inorganic fill, the extrac- 
tion 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 present or possible future maximum feasi- 
ble public access to the Bay consistent with the project, on present or pos- 
sible future use for a designated priority water-related use, and on the en- 
vironment; 

(2) the construction of one- and 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 physical or visual public access, or affect potential visual public 
access; 

(3) any substantial change in use of a stmcture 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 cov- 
erage; 

(4) the installation of new protective works and repairs to existing pro- 
tective works, such as bulklieads and riprap, in the minimum amount nec- 
essary to stabilize existing dikes and banks or to provide improved fish 
or wildhfe habitat; 

(5) routine repairs, reconstruction, replacement, removal, and mainte- 
nance that do not involve any substantial enlargement or any substantial 
change in uses; and 

(6) any subdivision of land or other division of land. 

(c) with respect to activities in salt ponds and managed wetlands: 

(1) the reconstruction of existing power transmission towers, commu- 
nication towers, and walkways providing access to such towers; and 

(2) repairs to protective works in the minimum amount necessary to 
stabilize existing dikes or to provide improved wildlife habitat. 

(d) with respect to activities in the Suisun Marsh: 

(1) one or more of the activities listed in paragraph (a), (b), or (c) of 
this section; 



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Title 14 



San Francisco Bay Conservation and Development Commission 



§ 10610 



(2) any subdivision of land or other division of land, including lot 
splits; 

(3) the removal of vegetation; 

(4) the discharge of any gaseous, liquid, or thermal waste as approved 
by the California Regional Water Quality Control Board, San Francisco 
Bay Region; 

(5) the grading of any materials; and 

(6) the construction, reconstruction, relocation, demolition, or alter- 
ation of the size of any one- or two-family residence, duck club struc- 
ture, farm structure and ancillary structures, and any facility of any pri- 
vate, public, or municipal electrical generating facility with a capacity of 
less than ten (10) megawatts electrical (lOMWe), and any other private, 
public, or municipal utility facility of less than 10,000 square feet. 

(e) with respect to activities anywhere in the Commission's jurisdic- 
tion: 

(1) the placement of a temporary structure provided that the structure 
is removed no later than 180 days after its placement and the area is re- 
turned to its pre-existing condition within a reasonable time thereafter; 

(2) the temporary substantial change in use of water, land, or a struc- 
ture, 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 Hsted in paragraphs (a), (b), (c), 
and (d) of this section that would have no greater adverse impact on the 
Bay than the hsted activities; and 

(4) the placement of facilities required for environmental quality test- 
ing that does not involve placement of fill, 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 ef- 
fect on Bay-related resources. 

(0 with respect to dredging or disposal activities located anywhere 
within the Commission's jurisdiction, those activities specified in Sec- 
tion 10602. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Sections 66632(a) and (f), Govern- 
ment Code; and Sections 29201(e) and 29505, 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)(ll) 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 subsecfions (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)(l)-(3) to new section 10602 and subsecfion re- 
numbering with amendments and new subsection (f) and amendment of Note 
filed 2-2-93; operafive 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; operafive 6-23-96 
(Register 96, No. 21). 

7. Amendment of subsecfion (b)(2) filed 7-18-96; operafive 8-17-96 (Register 
96, No. 29). 

8. Amendment of subsecfion (a)(1) filed 7-30-96; operative 8-29-96 (Register 
96, No. 31). 

§ 10602. Administrative Permits Related to Dredging and 
Disposal Projects. 

The following dredging and disposal projects constitute "minor re- 
pairs or improvements" that may be authorized administratively: 

(a) All maintenance dredging projects that are completed within a peri- 
od of 10 years; 

(b) Any new dredging of 200,000 cubic yards or less completed within 
a period of 10 years; 

(c) Sand mining projects where the sand is sold or re-used, where the 
project is completed within a period of five years, and where no more 
than 250,000 cubic yards are dredged in any one year; 

(d) New dredging projects to deepen existing navigation channels or 
basins that do not result in significant adverse environmental impacts or 
raise conflicts with the Commission's laws and policies, and where the 



dredged material is disposed of outside the Commission's Bay or certain 
waterways jurisdictions; 

(e) the disposal of dredged material that occurs only at a site listed in 
Regulation Section 10713.5; and meets either one of the following crite- 
ria: 

(1) the amount of material to be disposed of does not exceed, individu- 
ally or cumulatively with other projects for the calendar year, the follow- 
ing volumes for the listed disposal sites: 

(A) at the Alcatraz Island site (SF-11): 4 million cubic yards annually 
with a monthly maximum of 400,000 cubic yards between October 1st 
of each year and April 30th of the following year and a monthly maxi- 
mum of 300,000 cubic yards between May 1st and September 30th of 
each year; 

(B) At the San Pablo Bay site (SF-1 0): 500,000 cubic yards annually; 

(C) At the Carquinez Strait site (SF-9): 3 million cubic yards annually 
in a wet or above normal water flow year as those years are classified by 
the Department of Water Resources and 2 million cubic yards annually 
in all other year classifications, and in either case with a maximum of 1 
million cubic yards in any one month; and 

(D) At the Suisun Bay Channel site (SF-1 6): 200,000 cubic yards an- 
nually for U.S. Army Corps of Engineers Suisun Bay Channel and New 
York Slough channel maintenance dredging projects only; or 

(2) the disposal involves only the disposal of material dredged by a 
small dredger as defined in Section 10727. 

(f) the disposal of less than 30,000 cubic yards of dredged material at 
any location other than that identified in Section 10602(e)(l ) in a manner 
and at a time approved by the Executive Director, after consultation with 
National Marine Fisheries Service, the U.S. Fish and Wildlife Service, 
and the CaHfornia Department of Fish and Game and agreement by the 
U.S. Army Crops of Engineers, San Francisco District, and by the Execu- 
tive Officer of the California Regional Water Quality Control Board, San 
Francisco Bay Region, as involving no or small potential risk of an ad- 
verse environmental impact; 

(g) The disposal of any amount of dredged material in the ocean, the 
Suisun Marsh, a salt pond, a managed wefland, or a non-aquatic location. 
NOTE; Authority cited: Section 66632(f), Government Code; and section 
29201(e), Public Resources Code. Reference: Sections 66632(a) and (f), and 
66663-66666, Government Code; and sections 29201 (e) and 29505, Public Re- 
sources Code. 

History 

1. Renumbering of section 10601 subsections (a)(l)-(3) to section 10602 with 
amendments and new subsections (c)(2)-(c)(3)(B) and (e) and Note filed 
2-2-93; operative 3-4-93 (Register 93, No. 6). 

2. Amendment of subsections (a) and (b), new subsections (c) and (d), subsection 
relettering, and amendment of newly designated subsections (e)(2) and (0 filed 
1-29-98; operative 2-28-98 (Register 98, No. 5). 

3. Amendment of section and Note filed 6-16-2008; operative 7-16-2008 (Reg- 
ister 2008, No. 25). 



Article 2. 



Applications for Administrative 
Permits 



§10610. Application. 

For an activity asserted to be "minor repairs or improvements," an 
applicant shall furnish: 

(a) one ( 1 ) original copy of a fully completed and properly executed 
application form which these regulations contain as Appendix D; 

(b) exhibits to the application form as provided by Appendix F and 
Section 10625; 

(c) an executed Certificate of Posting of "Notice of Pending BCDC 
Application" form as provided by Appendix E; 

(d) evidence that all local discretionary approvals (i.e., all approvals 
other than ministerial permits such as building permits) have been re- 
ceived, or for subdivisions or other land divisions requiring a Commis- 
sion permit for which final local approval or disapproval has not been 
granted, a statement that the local government either favors the project, 
with or without conditions, or does not favor the project; and 

(e) a check or money order in the amount shown in Appendix M. 



Page 519 



Register 2008, No. 25; 6-20-2008 



§ 10611 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



NOTE; Authority cited; Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632(f), Government 
Code; and Section 29520, Public Resources Code. 

History 

1. Renumbering and amendment of former section 10610 to section 10520, and 
renumbering and amendment of section 10521 to section 10610 filed 5-18-87; 
operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 
48. 

2. Amendment filed 4-18-90; operative 5-18-90 (Register 90, No. 18). 

3. Amendment of subsection (b) and Note filed 1-26-98; operative 2-25-98 
(Register 98, No. 5). 

4. Amendment of subsection (e) filed 10-14-2004; operative 10-14-2004 pur- 
suant to Government Code section 1 1343.4 (Register 2004, No. 42). 

§ 1 061 1 . Executive Director's Determination If an 

Application for an Administrative Permit 
Should Be Filed. 

(a) If the Executive Director believes that an application for an admin- 
istrative permit is complete and properly qualifies for processing as an 
administrative permit application under Section 10601, he or she shall 
file the application and notify the applicant of that fact. 

(b) If the Executive Director believes that an application for an admin- 
istrative permit is not complete or does not properly qualify for process- 
ing as an administrative permit application under Section 10601, he or 
she shall notify the applicant of the determination with an explanation 
within thirty (30) days of receiving the application. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632(f), Government 
Code; and Section 29520, Public Resources Code. 

History 

1. Renumbering and amendment of Section 10540 to Section 10611 filed 
5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis- 
ter 80, No. 48. 

§ 10612. Amendments to Administrative Permit 
Applications. 

(a) An applicant for an administrative permit may amend the applica- 
tion after the application has been filed at least two days prior to the mail- 
ing of the administrative listing for the application. 

(b) An applicant who wants to amend an application for an administra- 
tive permit shall submit the amendment request by a letter that fully de- 
scribes the amended project and is signed by the applicant or his or her 
authorized representative. 

(c) The submittal of a request to amend a pending administrative per- 
mit application shall automatically supersede the original application, 
and the amended application shall thereafter be the only application con- 
sidered to be submitted to the Commission. 

(d) If the Executive Director determines that the amended project still 
qualifies as a "minor repair or improvement," the Executive Director 
shall notify the applicant that the amendment has been filed and shall 
thereafter proceed according to these regulations to complete processing 
of the amended application as an application for an administrative per- 
mit. 

(e) If the Executive Director determines that the project as amended 
no longer qualifies as a minor repair or improvement, the Executive Di- 
rector shall notify the applicant of the Executive Director's determina- 
tion and that the applicant can apply for a major application to authorize 
the amended project. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Sections 65943 and 66632(0, Gov- 
ernment Code; and Section 29520, Public Resources Code. 

History 
1. New secnon filed 10-12-89; operative 10-12-89 (Register 89, No. 43). 



Article 3. Approval or Denial of 
Administrative Permits 

§10620. Administrative— Listing. 

(a) Before acting on any permit application for "minor repairs or im- 



provements," the Executive Director shall submit a list of the applica- 
tions that are ready to be acted on to the Commission, to any persons who 
requested receipt of the list in writing, and to all agencies that have juris- 
diction by law with respect to the proposed activity that is the subject of 
the matter listed. The list shall include the following for each application: 

(1) the name and address of each of the applicant(s); 

(2) the date on which the application was filed; 

(3) an informative summary of the work proposed, including the loca- 
tion of the proposed project; 

(4) the number assigned to each application; 

(5) the name of the responsible staff member; 

(6) whether the Executive Director recommends approval or denial of 
the application or has not yet reached a decision; and 

(7) a summary of all significant environmental points raised during the 
review process and a staff response to each of those points. 

(b) The listing will be mailed at least five (5) days prior to a regularly 
scheduled Commission meeting date. Any further significant environ- 
mental concerns raised after the list was submitted, along with the staff 
response to each concern, shall be provided to the Commission at the reg- 
ularly scheduled meeting. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632(f), Government 
Code; and Sections 21080.5(d)(2)(C), 21080.5(d)(2)(D) and 29520, Public Re- 
sources Code. 

History 

1 . Renumbering and amendment of former Secfion 10620 to Section 10524. and 
renumbering and amendment of Section 1 0542(a) and (b) to Section 10620 filed 
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis- 
ter 80, No. 48. 

2. Amendment of section and Note filed 2-16-2007; operative 3-18-2007 (Reg- 
ister 2007, No. 7). 



§ 10621. Executive Director's and Commission's Action 
After Listing. 

(a) The Executive Director cannot act on an administrative permit 
application if either one of the following sets of circumstances exist: 

(1 ) when the Commission holds a meeting within 14 days of the mail- 
ing of the administrative listing, one or more Commissioner has objected 
at the meefing to the issuance of the administrative permit and the Com- 
mission has determined at that meeting by a majority of those present and 
voting that the Commission should process the application as a major 
permit application; 

(2) when the Commission does not hold a meeting within 14 days of 
the mailing of the administrative listing, one or more Commissioner has 
submitted to the Executive Director a written objection to the issuance 
of the administrative permit within 14 days of the mailing of the adminis- 
trative listing and the Commission has determined at the first meefing fol- 
lowing the objection by a majority of those present and voting that the 
Commission should process the applicafion as a major applicafion; 

(b) The Execufi ve Director can act on an application for an adminisira- 
five permit despite the restrictions contained in subsecfion (a) of this sec- 
fion if compliance with subsecfion (a) would prevent the Executive Di- 
rector and Commission from acfing within the 90-day fime period with 
which the McAteer-Petris Act requires acfion on a permit applicafion. 

(c) If the Commission determines that the Commission should consid- 
er the applicafion the Execufive Director shall within five (5) working 
days notify the applicant that he or she has denied the applicafion with 
the reasons for denial being that the acfi vity could not be properly consid- 
ered as a minor repair or improvement and with information on how to 
proceed. 

(d) If the Commission does not determine that the Commission should 
consider the application, the Executive Director shall act on that the 
applicafion within five (5) working days. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632(f), Government 
Code; and Section 29520, Public Resources Code. 



Page 520 



Register 2008, No. 25; 6-20-2008 



Title 14 



San Francisco Bay Conservation and Development Commission 



§ 10651 



History 

1. Renumbering and amendment of Section 10542(c) and (d) to Section 10621 
filed 5-1 8-87; operative 6-17-87 (Register 87, No. 30). For prior history, see 
Register 80, No. 48. 

2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43). 

§ 1 0622. Criteria and Contents of Permits. 

(a) The Executive Director shall approve an appHcation for an admin- 
istrative permit only if he or she determines that the proposed activity, 
including reasonable terms and conditions, qualifies as a minor repair or 
improvement and is consistent with California Government Code Sec- 
tions 66600 through 66682, the San Francisco Bay Plan, California Pub- 
lic Resources Code Sections 29000 through 29612, the Suisun Marsh 
Protection Plan, the certified Suisun Marsh Local Protection Program, 
California Public Resources Code Sections 21000 through 21176, and 
these regulations. 

(b) Administrative permits are subject to the same policies as a major 
permit and shall be governed by the provisions of Chapter 5, concerning 
the format, receipt, and acknowledgment of permits, including the need 
to pay a user fee of $0.07 per cubic yard prior to the issuance of the admi n- 
istrative permit for dredged material to be disposed within either the 
Commission's "Bay" or "certain waterways" jurisdictions as described 
in section 10522, except that references to "Commission resolution" 
shall refer instead to the "Executive Director's determination." 
NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201 (e), Public Resources Code. Reference: Sections 66632(f) and 66667, Gov- 
ernment Code; and Section 29520, Public Resources Code. 

History 

1. Neu' section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). 

2. Amendment filed 1 1-23-92; operative 12-23-92 (Register 92, No. 48). 

3. Editorial correction of subsection (b) (Register 95, No. 41). 

4. Amendment of subsection (b) and NOTE filed 8-20-96; operative 9-19-96 
(Register 96, No. 34). 

§ 10623. Denial of an Administrative Permit — Notice to 
Applicant. 

If the Executive Director denies an appHcation for an administrative 
permit, he or she shall notify the applicant with an explanation of the rea- 
sons for denying the application. 

NOTE: Authority cited: Section 66632(0, Government Code; and Section 

29201(e), Public Resources Code. Reference: Section 66632(f), Government 

Code; and Section 29520, Public Resources Code. 

History 

1. Renumbering and amendment of Section 10541 to Section 10623 filed 
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis- 
ter 80, No. 48. 

§ 10624. Denial of an Administrative Permit — Filing with 
the Commission. 

If the Executive Director returns unfiled or denies an application for 
an administrative permit or the applicant objects to a term or condition 
in the permit, the applicant may take the application to the Commission 
without waiting ninety (90) days by complying with all the provisions of 
these regulations dealing with major permit applications. 
NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632(f), Government 
Code; and Section 29520, Public Resources Code. 

History 
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). 

§ 10625. Environmental Documentation Required for 
Approval of Minor Permit. 

Before the Executive Director may approve a minor permit, the Com- 
mission must receive a copy of any required environmental determina- 
tion and certified environmental document issued by the lead agency, as 
follows: 

(a) If a negative declaration or environmental impact document for a 
project must be certified by the lead agency under the California Environ- 
mental Quality Act (CEQA), then the applicant may submit the certifica- 
tion and document as part of the permit application. 



(b) When the certification and document are not submitted as part of 
a permit application, either (1) the applicant must submit a copy of the 
lead agency's certification and document before the Executive Director 
submits an administrative listing of the application to the Commission as 
specified in Section 10620, or (2) the Executive Director shall deny a per- 
mit for the project. 

NOTE: Authority cited: Section 66632, Government Code; and Section 29201(e), 
Public Resources Code. Reference: Sections 65941 and 66632(f), Government 
Code; and Sections 21000(g) and 29520, Public Resources Code. 

History 
1. New section filed 1-26-98; operative 2-25-98 (Register 98, No. 5). 



Subchapter 2. Emergency Permits 



Article 1. Applications 



§ 10640. Method of Application. 

Applications for emergency permits shall be made by letter if time al- 
lows, or by telephone or in person if lime does not allow use of a letter. 
NOTE: Authority cited: Section 66632(f). Government Code; and Section 
29201(e), Public Resources Code. Reference; Section 66632(f), Government 
Code; and Section 29509, Public Resources Code. 

History 
1. Renumbering and amendment of former Section 10640 to Section 10525, and 

renumbering and amendment of Section 1 0575 to Section 1 0640 filed 5-1 8-87; 

operative 6-1 7-87 (Register 87, No. 30). For prior history, see Registers 80, No. 

48 and 70, No. 46. 

§ 1 0641 . Necessary Information for Application. 

An application shall describe the nature of the emergency, the location 
of the emergency, and the work proposed. The amount of information 
needed to describe these aspects of the emergency shall be consistent 
with the time the emergency allows. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632(0, Government 
Code; and Section 29509, Public Resources Code. 

History 
1. Renumbering and amendment of Section 10576 to Section 10641 filed 
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis- 
ter 70, No. 46. 



Article 2. Procedures 



§10650. Verification of Emergency. 

The Executive Director shall verify the facts surrounding the emer- 
gency, particularly the existence and nature of the emergency, insofar as 
time allows. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632(0, Government 
Code; and Section 29509, Public Resources Code. 

History 

1. Renumbering and amendment of former Section 10650 to Section 10630, and 
renumbering and amendment of Section 10580 to Section 10650 filed 5-18-87; 
operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 79, No. 
29 and 70, No. 46. 

§ 1 0651 . Consultation with Chair. 

If time allows, the Executive Director shall consult with the Chair be- 
fore granting an emergency permit. If time does not allow consultation 
prior to granting the permit, the Executive Director shall notify the Chair 
as soon as possible after granting the emergency permit. 
NOTE: Authority cited: Section 66632(0, Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632(0, Government 
Code; and Section 29509, Public Resources Code. 

History 
1. Renumbering and amendment of Section 10581 to Section 10651 filed 
5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Regis- 
ter 70, No. 46. 



Page 521 



Register 2008, No. 25; 6-20-2008 



§ 10652 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



§ 10652. Criteria for Granting Permit. 

The Executive Director shall grant an emergency permit, upon reason- 
able terms and conditions, if he or she finds that: 

(a) An emergency exists and requires action more quickly than can 
reasonably occur when following the Commission's procedures for issu- 
ing permits; and 

(b) The work proposed would be consistent with California Govern- 
ment Code Section 66600 through 66661, the San Francisco Bay Plan, 
California Pubhc Resources Code Section 29000 through 296 1 2. the Sui- 
sun Marsh Protection Plan, California Public Resources Code Sections 
21000 through 21177, the certified Suisun Marsh local protection pro- 
gram, and these regulations, as they might apply. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e). Public Resources Code. Reference: Sections 66632(0 and 66653, Gov- 
ernment Code; and Section 29509, Public Resources Code. 

History 

1. Renumbering and amendment of Section 10582 to Section 10652 filed 
5-18-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis- 
ter 70, No. 46. 



Chapter 7. Special Rules 



2. Amendment of subsection (a) filed 10-12- 

89, No. 43). 



); operative 10-12-89 (Register 



§ 10653. Documentation Subsequent to Issuance of an 
Emergency Permit. 

Within five (5) working days after having received an emergency per- 
mit, the permittee shall dehver to the Executive Director descriptive ma- 
terial concerning the emergency work that is substantially similar to the 
documentation required in applications for administrative permits and all 
appropriate fees for the work. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632(0, Government 
Code; and Section 29509, Public Resources Code. 

History 

1. Renumbering and amendment of Section 10583 to Section 10653 filed 
5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis- 
ter 70, No. 46. 



§ 1 0654. Report to Commission. 

The Executive Director shall report to the Commission, as part of the 
administrative permit listing at each meeting, the permits for "emergen- 
cies" that he or she has issued since the last report. 
NOTE: Authority cited: Section 66632(0, Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632(f), Government 
Code; and Section 29509, Public Resources Code. 

History 
1. Renumbering and amendment of Section 10584 to Section 10654 filed 
5-18-87; operative 6-1 7-87 (Register 87, No. 30). For prior history, see Regis- 
ter 70, No. 46. 



Article 3. 



Emergency Repairs to Maintain 
Public Services 



§ 10660. Emergency Repairs to l\yiaintain Public Services. 

The notification that California Government Code Section 66632.2(b) 
requires shall include descriptive material concerning the work that is 
substantially similar to the documentation required in applications for 
administrative permits. 

NOTE: Authority cited: Section 66632(0, Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66632.2, Government 
Code; and Section 29509, Public Resources Code. 

History 

1. Renumbering and amendment of former Section 10660 to Section 10540, and 
renumbering and amendment of Section 10590 to Section 10660 filed 5-18-87; 
operative 6-1 7-87 (Register 87, No. 30). For prior history, see Registers 79, No. 
29 and 70, No. 46. 



Article 1. Special Rules for 
Non-Water-Oriented Fills 

§ 10700. Minor Fill for Improving Shoreline Appearance. 

The Commission may approve the placement of minor fill to improve 
shoreline appearance, including the mooring of an historic ship as de- 
fined in Section 10703 or the repair, maintenance, renovation, remodel- 
ing, rehabilitation, or replacement of a pre-existing residential structure 
as defined in Secfion 10705, only if, in addiuon to the other findings re- 
quired by Cal. Government Code Section 66605 and the San Francisco 
Bay Plan, the Commission finds and declares that: 

(a) the fill is necessary because: 

(1 ) the present appearance of the Bay and shoreline in the area adverse- 
ly affects enjoyment of the Bay and its shoreline within the site area itself 
or within adjacent areas of the Bay or shoreline, and 

(2) it is either physically impracficable or economically infeasible to 
improve the appearance without filling; 

(b) the amount of filling approved is the minimum necessary to im- 
prove shoreline appearance; 

(c) the proposed project would improve the shoreline appearance; and 

(d) the fill will not adversely affect enjoyment of the Bay and its shore- 
line within the fill area itself or within adjacent areas of the Bay and 
shoreline and the fill will not have any adverse effect on present or possi- 
ble future use of the area for any designated priority water-related use or 
for public access, and 

(e) with regard to a pre-existing residential structure, the requirements 
of subdivisions (b) and (c) above will be deemed met if the repair, mainte- 
nance, rehabilitation, renovation, remodeling or replacement will not 
substantially enlarge the size of the pre-existing structure, will not be out 
of character or scale with any nearby structures, will cover less of the Bay 
surface than the pre-existing structure, and will not change the use of the 
pre-existing structure. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201 (e). Public Resources Code. Reference: Sections 66605 and 66632, Govern- 
ment Code; and Section 29520(a), Public Resources Code. 

History 

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). 

2. Amendment of first paragraph and new subsecfion (e) filed 1 1-30-93; operative 
12-30-93 (Register 93, No. 49). 

§ 10701. Minor Fill for Improving Public Access. 

The Commission may approve the placement of minor fill to improve 
public access, including the mooring of an historic ship as defined in Sec- 
tion 10703, only if, in addition to the other findings required by Cal. Gov- 
ernment Code Section 66605 and the San Francisco Bay Plan, the Com- 
mission finds and declares that: 

(a) the fill is necessary because: 

(1) there is at present inadequate public access to the Bay shoreline in 
the area, and 

(2) it is either physically impracticable or economically infeasible to 
improve public access without filling; 

(b) the fill will improve public access to the Bay; and 

(c) the amount of filling approved is the minimum necessary to pro- 
vide improved public access to the Bay. 

NOTE: Authority cited: Section 66632(f), Government Code; and Section 
29201 (e). Public Resources Code. Reference: Sections 66605 and 66632, Govern- 
ment Code; and Section 29520(a), Public Resources Code. 

History 
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). 

§ 10702. Using the Bay as a Design Asset. 

(a) The Commission may approve the extension of an accessory struc- 
ture, such as a boat dock, and portions of a principal structure on pilings 
over water when the Commission, in addition to findings required by Cal. 



Page 522 



Register 2008, No. 25; 6-20-2008 



Title 14 



San Francisco Bay Conservation and Development Commission 



§ 10710 



Government Code Section 66605 and the San Francisco Bay Plan, in- 
cluding those that require that fill in San Francisco Bay be either for a wa- 
ter-oriented use, minor fill to improve shoreline appearance, or minor till 
to improve public access, finds and declares that: 
(1) either: 

(A) the extension is necessary to allow actual use of the water, i.e., for 
mooring boats, or 

(B) the extension is: 

(1) designed by means such as location, window placement, and size 
to afford to occupants of the structure a feeling of closeness to the surface 
of the Bay waters that cannot be achieved except by the extension of por- 
tions of structures over water on piles; 

(2) designed so as not to adversely affect enjoyment of the Bay and its 
shoreline by residents of, employees of, and visitors to the structure or 
adjacent areas of the Bay or shoreline; and 

(2) the extension is not inconsistent with the public trust. 

(b) "Portions of a principal structure" means those portions of a struc- 
ture that (1) would improve shoreline appearance. (2) would cover no 
more than 1,500 square feet of the Bay's surface, and (3) would not ex- 
ceed two stories in height, provided that the Executive Director, if the 
project constitutes a minor repair or improvement, or the Commission 
may allow greater coverage or height if it finds that exceptional circum- 
stances such as ( 1 ) steepness of terrain, (2) shallowness of a lot as it ex- 
isted on November 10, 1969, or (3) design of a project to preserve adja- 
cent areas having high natural resource values justifies the greater 
coverage or height. 

Note.- Authority cited: Section 66632(f), Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 66605, Government Code; 
Sections 29008 and 29501(b), Public Resources Code; and San Francisco Bay 
Plan, Page 31. 

History 

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). 



§10703. Historic Ship. 

An "historic ship," as used in Sections 10700 and 10701, means one 
of the following: 

(a) a ship or boat, other than a replica, that: 

(1) was designed and built to move in the water under its own power, 

(2) is berthed to float at all stages of the tide, 

(3) was originally built before 1932, and has no restorative or other 
modifications that substanfially altered its historic character, and 

(4) had a specific role as a prototype or participant in a significant 
event or events in the maritime history of San Francisco Bay; 

or 

(b) a ship or boat, other than a replica, that: 

(1) was designed and built to move in the water under its own power, 

(2) is berthed to float at all stages of the tide, 

(3) had a specific role as a prototype or a participant in a significant 
event or period of maritime history, 

(4) is displayed for its historic significance with any fees for public ad- 
mittance charged only at a level to maintain and enhance the historic 
qualities of the ship or exhibits of similar maritime historic significance, 
and 

(5) includes no commercial activities on-board or nearby other than 
those that are minor in nature and designed to enhance a visitor's enjoy- 
ment of the historical significance of the ship. 

NOTE: Authority cited: Section 66632(0, Government Code Reference: Sections 
66605(a) and 66632, Government Code. 

History 

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). 

2. Amendment of subsection (a) (3) filed 8-2-89; operative 9-1-89 (Register 89, 

No. 32). 

3. Amendment of subsection (a)(3) filed 7-13-2000; operafive 8-12-2000 (Reg- 
ister 2000, No. 28). 



§ 1 0704. Fill Necessary to the Welfare of the Public to 
Protect Historic Structures. 

The Commission may approve fill as necessary to the welfare of the 
public in the entire Bay Area to protect historic structures only if the 
Commission finds and declares that: 

(a) the fill would be necessary to repair, maintain or rehabilitate a 
structure that has been listed on the National Register of Historic Places 
or as a California Registered Historical Landmark; 

(b) the repair, maintenance or rehabilitafion project would be limited 
to the site of the historic structures and would not result in a significant 
increase in Bay coverage; 

(c) the fill is necessary because it is physically impracticable to repair, 
maintain or rehabilitate the staicture without filling; 

(d) the amount and type of fill is the minimum necessary and the least 
detrimental to accomplish the repair, maintenance or rehabilitation of the 
stmcture; 

(e) the repair, maintenance or rehabilitafion project, including all fill 
associated with the project, would not alter the structure's historic desig- 
nation; 

(f) the repair, maintenance or rehabilitation project, including all fill 
associated with the project, would not adversely affect the present or fu- 
ture use of the area for water-oriented priority land uses designated by 
the Commission pursuant to California Government Code Section 
66611; 

(g) maximum feasible public access would be provided as part of the 
repair, maintenance or rehabilitafion project; and 

(h) the repair, maintenance or rehabilitafion project, including all fill 
associated with the project, would comply with the provisions of Cal. 
Government Code Section 66600 through Section 66661 et seq. and the 
San Francisco Bay Plan, except those policies limiting fill to water-ori- 
ented uses. 

NOTE: Authority cited: Section 66632(0, Government Code and Section 
29201(e), Public Resources Code. Reference: Sections 66605(a) and 66632(0, 
Government Code and Section 29201(e), Public Resources Code. 

History 
1. New section filed 10-20-92; operative 11-19-92 (Register 92, No. 43). 

§ 10705. Pre-Existing Residential Structure. 

A "pre-exisfing residenfial structure" as used in Section 10700 means 
a residential structure on or partially on pilings or cantilevered over areas 
located within the Commission's "San Francisco Bay" jurisdicfion that: 

(a) either (1 ) has been in existence at its present location since Septem- 
ber 17, 1965 or (2) has been authorized by a Commission permit; and 

(b) is located on a privately-owned parcel that has not been subdivided 
after April 15, 1993; and 

(c) either (1) has been occupied and used as a residence for at least 
three years during the five year period immediately prior to the filing of 
a permit application with the Commission for the repair, maintenance, re- 
habilitation or replacement of the structure, or (2) extenuafing circum- 
stances exist that prevent the requirements of subdivision (c)(1) above 
from being met, and other evidence exists that proves the structure is not 
abandoned. 

NOTE: Authority cited: Secfion 66632(0, Government Code; and Section 
29201(e), Public Resources Code. Reference: Sections 66605 and 66632, Gov- 
ernment Code; and Section 29520, Public Resources Code. 

History 

1. New section filed 1 1-30-93; operative 12-30-93 (Register 93, No. 49). 

2. Amendment of first paragraph, subsection (b) and Note filed 5-24-96; opera- 
tive 6-23-96 (Register 96, No. 21). 



Article 2. Other Special Rules 

§ 10710. Continuing Commission Jurisdiction. 

Areas once subject to Commission jurisdicfion remain subject to that 
same jurisdicfion even if filled or otherwise artificially altered whether 
pursuant to a Commission permit or not. 



Page 523 



Register 2008, No. 25; 6-20-2008 



§ 10711 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 14 



NOTE: Authority cited: Section 66632(0, Government Code. Reference: Section 
66632(a), Government Code. 

History 

1. Renumberine and amendment of former Section 10710 to Section 10810, and 
new Section 1071 filed 5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For 
prior history, see Register 73, No. 16. 

§ 1 071 1 . Cantilevering. 

"Any other substance or material" or "any substantial change in use 
of any water" includes portions of any structure or any work that extends 
over any area within the Commission's jurisdiction by cantilevering or 
other similar engineering techniques. 

NOTE; Authority cited: Section 66632(f), Government Code. Reference: Section 
66632(a), Government Code. 

History 

1. Renumbering and amendment of former Section 1071 1 to Section 10812, and 
new Section 107 1 1 filed 5-1 8-87; operative 6-1 7-87 (Register 87, No. 30). For 
prior history, see Register 73, No. 16. 

§ 1 071 2. Terms and Conditions for Subdivisions. 

Subdivisions or other divisions of land requiring permits only because 
they constitute a substantial change in use as defined in Section 
10125(b)(2) shall be subject to only those terms and conditions necessary 
to avoid potential adverse impacts on present or future public access or 
potential adverse impacts on the suitability of the site for a water-ori- 
ented priority land use designated pursuant to Government Code Section 
6661 1 , and such terms and conditions shall normally be limited to the fol- 
lowing: 

(a) realignment of the parcel to avoid the adverse impact; 

(b) assuring notification to potential purchasers of the resulting parcels 
that future perinits may be required from the Commission pursuant to 
Government Code Section 66632(a) and those permits may be subject to 
such terms and conditions as may be required to comply with the provi- 
sions of the McAteer-Petris Act and the San Francisco Bay Plan; and 

(c) reservation of easements or similar devices to assure access by 
members of the public to and along the shoreline from the nearest public 
street. 

NOTE: Authority cited: Section 66632(0, Government Code; and Section 
29201(e), Public Resources Code. Reference: Section 6632(0, Government Code; 
and Section 29506, Public Resources Code. 

History 
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). 

§ 10713. Compliance with Time Limits for Acting on Permit 
Applications When Commission Vote Requires 
Further Findings. 

When the Commission has voted on an application for a Commission 
permit in such a way that requires the Commission to adopt findings at 
a future Commission meeting pursuant to Section 10514(e), the Com- 
mission shall meet the requirements contained in the McAteer-Petris Act 
and the Permit Streamlining Act for voting within certain time hmits so 
long as the vote on the application occurs before those time limits expire 
even if the Commission votes on findings to support its action after those 
time limits expire. 

NOTE: Authority cited: Section 66632(0, Government Code; and Secfion 
29201(e), Public Resources Code. Reference: Sections 65950, 65952 and 66632, 
Government Code; and Secfion 29520(a), Public Resources Code. 

History 
1. New section filed 1-12-89; operafive 10-12-89 (Register 89, No. 43). 

§ 10713.5. In-Bay Dredged Material Disposal Sites. 

As used in the San Francisco Bay Plan and in these regulations, the 
designated in-Bay dredged material disposal sites are as follows. These 
designations do not preclude the need for a Commission permit to dis- 
pose of dredged material at the sites or substitute for the findings that may 
be required by the McAteer-Petris Act (Cal. Government Code Section 
66600 et seq.) and the San Francisco Bay Plan. 

(a) Alcatraz Disposal Site, consisting of a circular area of radius 1,000 
feet with center located at latitude 37° 49' 17" N; longitude 122° 25' 
23" W; 



(b) San Pablo Bay Disposal Site, consisting of a rectangular area, 
1,500 feet by 3,000 feet, with the long axis bearing 050 true, and center 
at latitude 38° 00' 28" N; longitude 122° 24' 55" W; 

(c) Carquinez Strait Disposal Site, consisting of a rectangular area, 
1 ,000 feet by 2,000 feet, long axis bearing 050 taie, and center at latitude 
38° 03' 50" N; longitude 122° 15' 55" W; and 

(d) Suisun Bay Channel Disposal Site, consisting of a rectangular area, 
500 feet by 1 1,200 feet situated parallel to the Suisun Bay Channel, and 
center at latitude 38° 03 ' 15" N; longitude 122° 05' 06" W. 

(e) Middle Harbor at the Port of Oakland: 

(1) For a project ("the project") that satisfies the following criteria: 

(A) the purpose of the project is to enhance in-Bay habitat for plants, 
fish and wildlife; 

(B) the project includes a one-time placement of dredged material, in 
the amount of approximately 5.8 million cubic yards, taken from the 
Oakland Harbor Navigation Improvement (-50 Foot) Project to create 
shallow water habitat; 

(C) the project would be undertaken as specified in a plan ("the Plan") 
that is prepared by the U.S. Army Corps of Engineers and the Port ofOak- 
land and approved by the Coinmission; 

(D) the Plan specifies the following elements: (i) the restoration and 
enhancement performance criteria for the project including the creation 
of eelgrass and other shallow water habitat; (ii) the design required to re- 
store or enhance-fish and wildlife habitat; (iii) the monitoring, adaptive 
management, and corrective actions that will be employed to ensure that 
the Plan's performance criteria are achieved; (iv) the periods of time 
needed to achieve the performance criteria, to monitor, and to employ 
adaptive management and corrective actions if needed; (v) the duties of 
the U. S. Army Corps of Engineers in implementing the Plan; (vi) the du- 
ties of the Port of Oakland once it takes over responsibility for the project 
from the U. S. Army Corps of Engineers; (vii) the management agency 
with wildlife management experience that will manage the Middle Har- 
bor enhancement area once the project has been successfully completed; 
(viii) the management agency's duties as manager of the enhancement 
area; (ix) the method to determine the success or failure of the project 
through a performance criteria evaluation period; and (x) the process to 
determine the actions to be employed if the project fails to achieve the 
Plan's performance criteria within the specified time frames; 

(E) the manner of implementing the Plan has been demonstrated to 
have a high likelihood of success in achieving the Plan' s performance cri- 
teria within the specified time frames; 

(F) the Port of Oakland makes a legally binding commitment to secure 
two permits from the Commission to fulfill its responsibilities as speci- 
fied in the Plan: (i) at the time it assumes responsibility for the project 
from the U. S. Army Corps of Engineers at the commencement of the 
Plan's performance evaluation period; and (ii) at the conclusion of the 
Plan's performance evaluation period; 

(G) the Port of Oakland provides the necessary legal and financial 
instruments to support its responsibilities as specified in the Plan; and 

(H) the Project sponsors make a legally binding commitment to take 
action, as required by the Plan, if the project fails to achieve the Plan's 
performance criteria within the specified fime frames; and 

(2) Consisting of an area within the Middle Harbor bounded by the 
shoreline, wharf faces, and Middle Harbor Shoreline Park improvements 
which lie northeasterly of the following two courses; 

Beginning at a point on the Southern Pacific Mole with Latitude 
37°47' 59.864" N, Longitude 122°019' 48.019" W (NAD83) having 
grid coordinates of "N"=21 18915.608 and "E"=6032967.336; thence 
North 72°04 ' 00" West 3435.03 feet to a point on the common bound- 
ary line between the city and county of San Francisco, Oakland and Ala- 
meda County, said point having coordinates of "N"=21 19973.287 and 
"E"=6029699.201; thence North 05°15'46" East 349.79 feet to the 
southwesterly comer of the 7th Street Terminal face of wharf having 
coordinates of "N"=2120353.305 and "£"=6029875.128. 
NOTE: Authority cited: Section 29201(e), Public Resources Code; and Section 
66632(0, Government Code. Reference: Secfion 29201(e), Public Resources 



• 



Page 524 



Register 2008, No. 25; 6-20-2008 



Title 14 



San Francisco Bay Conservation and Development Commission 



§ 10728 



Code; Sections 66602, 66605, 66632(a), 66633, 66663.1 and 66663.2, Govem- 
menl Code; and the San Francisco Bay Plan. 

History 

1. New section filed 2-2-93; operative 3-4-93 (Register 93, No. 6). 

2. Amendment of first paragraph, new subsections (e)-(e)(2), and amendment of 
NoTC filed 1-3-2001; operative 1-3-2001 pursuant to Government Code sec- 
tion 11343.4(c) (Register 2001, No. 1). 



Article 3. Fees for Commission Documents 

§ 10714. Who Receives What Commission Documents for 
Free and Who Pays for What Commission 
Documents. 

NOTE: Authority cited: Section 66632(f), Government Code; and section 
29201(e), PubHc Resources Code. Reference: Sections 6257, 11125, 11125.1, 
66632, 66637-66641.9 and 66652, Government Code; and Sections 29202, 
29418, 29520 and 29601, Public Resources Code. 

History 

1. New article 3 (sections 10714-1 07 16 filed 8-14-92; operative 9-14-92 (Regis- 
ter 92, No. 33). 

2. Repealer filed 3-14-96; operative 4-13-