Section 10123 - Areas Excluded from Commission Jurisdiction(a) An area that would fall within the Commission's jurisdiction only as the result of the natural destruction of a man-made works, such as a dike, levee, or other similar tidal control structure, shall remain excluded from the Commission's jurisdiction: (i) for a period ending one year after the event or occurrence causing the natural destruction of a man-made works if the affected property owner completes the repairs of the destruction within one year of the event or occurrence; or(ii) if the affected property owner gives the Commission written notice within one-hundred and eighty (180) days of the event or occurrence causing the natural destruction of a man-made works and provides an estimate of the time that will be required to complete the repairs of the destruction that exceeds one year after the event or occurrence causing such natural destruction, 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 the event or occurrence causing such natural destruction; 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.Cal. Code Regs. Tit. 14, § 10123
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).
3. Amendment of subsection (a) filed 8-2-2022; operative 10-1-2022 pursuant to Government Code section 11343.4(a) (Register 2022, No. 31). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20. Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66610(a) and (e), Government Code; Blumenfeld v. San Francisco Bay Conservation 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.
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).
3. Amendment of subsection (a) filed 8-2-2022; operative 10/1/2022 pursuant to Government Code section 11343.4(a) (Register 2022, No. 31). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.