Section 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 including abandonment which, for the purposes of this section, shall include 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 jurisdiction, any construction, reconstruction, or alteration of a structure, or any other activity, whether or not involving a structure, if the construction, reconstruction, or alteration of a structure or the activity either: (1) has an estimated cost of $500,000 or more;(2) involves a change in the general category of use of a structure or of water or land, i.e., agriculture, residential, commercial, office, industrial, recreational, vacant non-use, etc.;(3) involves a substantial change in the intensity of use, to either a substantially greater or lesser intensity of use;(4) adversely affects (i) existing public access or (ii) future public access as shown on any Commission permit, the San Francisco Bay Plan, any Commission special area plan, or any other Commission planning document; or(5) is any subdivision of land pursuant to the Subdivision Map Act (Government Code Section 66410 et seq.) or other division of land, including 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 subdivision 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.Cal. Code Regs. Tit. 14, § 10125
1. Renumbering and amendment of Section 10133 to Section 10125 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Amendment of subsection (b)(1) and new subsection (b)(3) and subsection renumbering 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 (Register 97, No. 18).
4. Amendment of subsections (b)-(b)(4) 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 66632(a) and 66654, Government Code.
1. Renumbering and amendment of Section 10133 to Section 10125 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Amendment of subsection (b)(1) and new subsection (b)(3) and subsection renumbering 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 (Register 97, No. 18).
4. Amendment of subsections (b)-(b)(4) 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.