BCDC permit types
BCDC issues several different types of permits. What type of permit a project requires depends on its size, location, and potential impacts on the Bay and its shoreline.
Major permits
A project requires a major permit if it does not qualify for an administrative, regionwide, abbreviated regionwide, or emergency permit.
Projects that require a major permit generally include larger projects and projects that could significantly impact San Francisco Bay and its shoreline.
The Commission votes on major permit applications.
Administrative permits
A project qualifies for an administrative permit if it is “minor repair or improvement.” The definition for minor repair or improvement is found in the Commission’s regulations sections 10601 and 10602.
Common examples of projects that generally qualify for an administrative permit include:
- Routine repairs and maintenance for existing structures
- Construction of small boat docks
- Minor expansions to existing marinas
- Installation and repair of smaller shoreline protection projects
- Installation of outfall pipes
- Minor amounts of Bay fill for a public access project
- Certain habitat restoration or enhancement projects
- Smaller dredging projects
- Construction of 1- and 2-family residences
- Subdivisions of land
- Temporary activities and installation of temporary structures for no more than 180 days
Projects that are generally considered minor repairs or improvements may be required to apply for a major permit if they could cause adverse impacts to the environment or public access to the Bay.
Administrative permit applications do not generally require a public hearing and vote by the Commission. In rare instances, the Commission may vote to require a public hearing and vote on an administrative permit application.
Abbreviated regionwide permit 1: Minor repairs and maintenance (i.e., less than approximately 50% of an existing structure) to utilities, boat docks, pilings, and the removal of structures in the Bay, certain waterways, managed wetlands, and shoreline band
The projects authorized by this abbreviated regionwide permit involve repairs and maintenance to less than approximately 50% of an existing structure anywhere within the Commission’s jurisdiction. Such work includes: (1) repairs to existing protective works such as timber or steel bulkheads or seawalls in the minimum amount necessary to stabilize existing dikes and banks, as defined in Regulation Sections 10601(a)(2), 10601(a)(6), and 10601(b)(1); (2) routine in-kind repairs and maintenance to outfall pipes approved by the California Regional Water Quality Control Board, San Francisco Bay Region, utility cables on or under the bottom of the Bay that do not involve any substantial enlargement or extension into the Bay, and similar facilities, as defined in Regulation Sections 10601(a)(5), 10601(a)(6), 10601(b)(1), and 10601(b)(5); (3) routine repair, reconstruction, replacement, and maintenance of pilings, boat docks in pilings, boat slips on pilings, and similar structures, and repairs to facilities needed to provide improved wildlife habitat, as defined in Regulation Sections 10601(a)(6), 10601(b)(5), and 10601(c)(2); and (4) removal of deteriorated structures and facilities, as defined in Regulation Sections 10601(a)(6), 10601(b)(1), 10601(b)(5), and 10601(c)(2), or activities similar to those described above, as defined in Regulation Section 10601(e)(3), and thus are equivalent to a “minor repair and improvement” and qualify for authorization under an Abbreviated Regionwide Permit that may be issued by the Commission and approved by the Executive Director, pursuant to Government Code Section 66632(f) and Regulation Sections 11700 and 11713.
Abbreviated regionwide permit 2: Minor repairs and removal of 1- and 2-family residences in the shoreline band
The projects authorized by this abbreviated regionwide permit involve the routine repair and maintenance of approximately 50% or less of an existing structure, or the removal of one- and two-family residences and ancillary residential structures within the Commission’s shoreline band jurisdiction, and thus involve the placement of small amounts of inert, inorganic fill, the extraction of small amounts of materials, or a substantial change in 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 feasible public access to the Bay consistent with the project, on present or possible future use for a designated priority water-related use, and on the environment, as defined in Regulation Sections 10601(b)(1) and 10601(b)(5) and thus are equivalent to a “minor repair and improvement” and qualify for authorization under an Abbreviated Regionwide Permit that may be issued by the Commission and approved by the Executive Director, pursuant to Government Code Section 66632(f) and Regulation Sections 11700 and 11713.
Abbreviated regionwide permit 3: Temporary installations in the Bay, certain waterway, managed wetland, and shoreline band
The projects authorized by this abbreviated regionwide permit involve placement, installation or construction, and use, of new temporary facilities or improvements in the Bay, in certain waterways, in managed wetlands, and within the shoreline band that comply with all of the following: (1) do not involve any substantial enlargement to or change in use of any structure; (2) do not involve any new permanent fill in the Bay, certain waterway, managed wetland, or shoreline band; (3) are no larger than a total of 1,000 square feet; (4) are in place for no longer than 180 days; (5) do not adversely affect existing and future maximum feasible public access to the Bay and shoreline; and (6) have no adverse impact on Bay-related resources. Such projects have been authorized by the Commission as qualifying for an Abbreviated Regionwide Permit because they involve the installation of temporary facilities that do not raise public access issues and that have no adverse impact on Bay related resources, as defined in Regulation Section 10601(e)(1) and (2), and thus are equivalent to a “minor repair and improvement” and qualify for authorization under an Abbreviated Regionwide Permit that may be issued by the Commission and approved by the Executive Director, pursuant to Government Code Section 66632(f) and Regulation Sections 11700 and 11713.
Abbreviated regionwide permits can only be issued for projects that would not adversely impact the environment and that would not reduce public access to the Bay, now or in the future. Abbreviated regionwide permits are not available for work in the Suisun Marsh.
Regionwide permits
Regionwide permits apply to certain categories of routine construction, reconstruction, replacement, and maintenance projects.
These permits can only be issued for projects that would not adversely impact the environment and that would not reduce public access to the Bay, now or in the future.
Regionwide permits are available for the following types of projects:
Regionwide permit 1: Reconstruction, replacement, and maintenance of bulkheads and seawalls in the Bay, certain waterways, managed wetlands, and shoreline band
The projects authorized by this regionwide permit include reconstruction, replacement, and maintenance of existing, currently-used timber, steel, or concrete, shoreline protective works, such as bulkheads and seawalls, that do not involve any substantial enlargement or any substantial extension into the Bay, into certain waterways, managed wetlands, or the 100-foot shoreline band. Such projects have been authorized by the Commission as qualifying for a Regionwide Permit because they involve repairs to protective works in the minimum amount necessary to stabilize existing dikes and banks, as defined in Regulation Sections 10601(a)(2), 10601(a)(6), 10601(b)(1), 10601(b)(5), and 10601(c)(2), or activities similar to those described above, as defined in Regulation Section 10601(e)(3), and thus are equivalent to a “minor repair and improvement” and qualify for authorization under a Regionwide Permit that may be issued by the Commission and approved by the Executive Director, pursuant to Government Code Section 66632(f) and Regulation Sections 11700 and 11713.
Regionwide permit 2: Reconstruction, replacement, incidental additions, and maintenance of service lines, utility cables, pipelines, and outfalls; and installation of new pipelines where the majority of work occurs below ground surface and Bay bottom in the Bay, certain waterways, managed wetlands, and shoreline band (BCDC generally no longer requires a permit for conducting small-diameter geotechnical borings and their backfill)
The projects authorized by this regionwide permit include installation, reconstruction, replacement, and maintenance of, and incidental additions to, existing currently-used outfall pipes, service lines, utility cables, pipelines, and similar facilities that do not involve any substantial enlargement or any substantial extension into the Bay, into certain waterways, managed wetlands, or the 100-foot shoreline band and the installation of new pipelines where the majority of work would occur below the ground surface or Bay bottom. Such projects have been authorized by the Commission as qualifying for a Regionwide Permit because they involve repairs to outfall pipes approved by the California Regional Water Quality Control Board, San Francisco Bay Region, utility cables on or under the bottom of the Bay, and similar facilities, as defined in Regulation Sections 10601(a)(4), 10601(a)(5), 10601(a)(6), 10601(b)(1), and 10601(b)(5), or activities similar to those described above, as defined in Regulation Section 10601(e)(3), and thus are equivalent to a “minor repair and improvement” and qualify for authorization under a Regionwide Permit that may be issued by the Commission and approved by the Executive Director, pursuant to Government Code Section 66632(f) and Regulation Sections 11700 and 11713.
Regionwide permit 3: Construction, reconstruction, replacement, and maintenance of: (1) new docks, piers, boat hoists, associated pilings, and mooring buoys of less than 1,000 square feet; (2) wildlife habitat improvement structures; and (3) other pile-supported, water-oriented uses in the Bay, certain waterways, managed wetlands, and shoreline band
The projects authorized by this regionwide permit include: (1) construction, reconstruction, maintenance, and use of a floating dock, fixed pier, gangway, boat hoist, or mooring buoy in the Bay, in certain waterways, in managed wetlands, and within the 100-foot shoreline band that satisfies the following criteria: (a) the pier, gangway, and/or dock is no larger than a total of 1,000 square feet; and (b) any pile-supported or cantilevered portion of the pier is no more than 8 feet wide; (2) wildlife habitat improvements, such as fish screens and ladders, tidegates, and other devices that do not involve any substantial enlargement or extension into the Bay, in certain waterways, and within managed wetlands; and (3) reconstruction, replacement, and maintenance of other pile-supported, water-oriented uses in the Bay, certain waterways, and managed wetlands. Such projects have been authorized by the Commission as qualifying for a Regionwide Permit because they involve as defined in Regulation Sections 10601(a)(1), 10601(a)(2), 10601(a)(6), and 10601(c)(2), or activities similar to those described above, as defined in Regulation Section 10601(e)(3), and thus are equivalent to a “minor repair and improvement” and qualify for authorization under a Regionwide Permit that may be issued by the Commission and approved by the Executive Director, pursuant to Government Code Section 66632(f) and Regulation Sections 11700 and 11713.
Regionwide permit 4: New ancillary facilities (e.g., retaining walls, stairs, patios, driveways, etc.) and small additions to and the remodeling, replacement, repair, and maintenance of single- and two-family residences within the shoreline band
The projects authorized by this regionwide permit include placement, installation, construction, use, and the in-kind repair and maintenance of new ancillary facilities, such as retaining walls less than three feet high, stairs, patios, driveways and decks, within the shoreline band and small additions to and the remodeling, reconstruction and replacement of existing one- and two-family residences within the shoreline band that comply with all of the following: (1) do not involve any substantial enlargement to or change in use of the structures; (2) do not involve any new fill in the Bay; and (3) are on parcels that do not have a topography suitable for shoreline access or would adversely affect adjacent existing or possible future public access areas. Such projects have been authorized by the Commission as qualifying for a Regionwide Permit because they involve the placement of small amounts of inert inorganic fill, the extraction of small amounts of materials, or a substantial change in 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 feasible public access to the Bay consistent with the project, on present or possible future use for a designated priority water-related use, and on the environment, as defined in Regulation Section 10601(b)(1), improvements to one- and two-family residences and the construction of ancillary residential structures as defined in Regulation Section 10601(b)(2), and the routine repair, reconstruction, replacement, removal, and maintenance that do not involve any substantial enlargement or substantial change in uses, as defined in Regulation Section 10601(b)(5), and thus are equivalent to a “minor repair and improvement” and qualify for authorization under a Regionwide Permit that may be issued by the Commission and approved by the Executive Director, pursuant to Government Code Section 66632(f) and Regulation Sections 11700 and 11713.
Regionwide permit 5: Repairs, reconstruction, replacement, removal, and maintenance of multi-family residential and non-residential structures and paved areas within the shoreline band
The projects authorized by this regionwide permit include routine repair and maintenance of: (1) existing multi-unit residential and non- residential structures and associated facilities; and (2) paved surfaces (such as parking lots, driveways, and paths) within the shoreline band that do not involve any substantial change in use or any substantial increase in size or height of the structures being repaired or maintained. Such projects have been authorized by the Commission as qualifying for a Regionwide Permit because they involve routine repair and maintenance that do not involve any substantial change in use or any substantial increase in size or height of the multi-unit residential structures and associated facilities being repaired or maintained, as defined in Regulation Section 10601(b)(5), and thus are equivalent to a “minor repair and improvement” and qualify for authorization under a regionwide permit that may be issued by the Commission and approved by the Executive Director, pursuant to Government Code Section 66632(f) and Regulation Sections 11700 and 11713.
Regionwide permit 6: Seismic retrofit and repairs of state bridges
The projects authorized by this regionwide permit include routine repair, reconstruction, replacement, and other construction activities specifically limited to the seismic retrofitting of existing State-owned highway structures, including bridges, as specified by Senate Bill 131, Chapter 15 as passed by the Legislature and signed by the Governor on March 15, 1994, and as defined in Regulation Sections 10601(a)(2), 10601(a)(3), and 10601(a)(6), 10601(b)(1), 10601(b)(4), 10601(b)(5), and 10601(c)(2), or activities similar to those described above, as defined in Regulation Section 10601(e)(1) and (3), and thus are equivalent to a “minor repair and improvement” and qualify for authorization under a Regionwide Permit that may be issued by the Commission and approved by the Executive Director, pursuant to Government Code Section 66632(f) and Regulation Sections 11700 and 11713.
Regionwide permit 7: Repair and maintenance of pile-supported residential structures in the Bay or certain waterway
The projects authorized by this regionwide permit include routine repair and maintenance of existing, currently-used, pile-supported residential structures in the Bay or certain waterway that do not involve any substantial enlargement, any substantial extension into the water or wetlands, or any substantial change in use. Such projects have been authorized by the Commission as qualifying for a Regionwide Permit because they involve routine repair and maintenance of pile-supported structures, used for residential and similar purposes, as defined in Regulation Sections 10601(a)(6), or activities similar to those described above, as defined in Regulation Section 10601(e)(3), and thus are equivalent to a “minor repair and improvement” and qualify for authorization under a Regionwide Permit that may be issued by the Commission and approved by the Executive Director, pursuant to Government Code Section 66632(f) and Regulation Sections 11700 and 11713.
Regionwide permit 8: Routine maintenance dredging of existing navigation channels and berthing areas of no more than 100,000 cubic yards with disposal at approved disposal sites
The projects authorized by this regionwide permit include routine maintenance dredging and disposal activities, as defined in Regulation Sections 10602(a) and 10602(e), or activities similar to those described above, as defined in Regulation Section 10601(e)(2), and thus are equivalent to a “minor repair and improvement” and qualify for authorization under a regionwide permit that may be issued by the Commission and approved by the Executive Director, pursuant to Government Code Section 66632(f) and Regulation Sections 11700 and 11713.
Regionwide permits can only be issued for projects that would not adversely impact the environment and that would not reduce public access to the Bay, now or in the future. Regionwide permits are not available for work in the Suisun Marsh.
Permit amendments
You can apply to amend your BCDC after it has been issued to address changes to a project.
There are several types of amendments:
- Time extensions are issued to extend a deadline in the permit
- Non-material amendments are for other smaller changes that qualify as “minor repairs or improvements” (as defined above)
- Material amendments are for larger changes that do not qualify as “minor repairs or improvements”