Bay Conservation and Development Commission (BCDC)

Do I Need a BCDC Permit?

Visit Check if you need a BCDC permit webpage.

What Are Resources for Large Projects?

BCDC Pre-application Meeting

Meet with BCDC staff early for large or complex projects to help understand how BCDC policies affect your project, identify and resolve potential issues before you apply, and track key milestones in the permitting process. Visit the BCDC Pre-application meetings webpage to schedule your meeting, learn what the meeting will cover, prepare for this meeting and additional information.

BCDC Interagency Pre-Application Meeting

Besides BCDC, San Francisco Bay is protected by the work of various other agencies that administer critical environmental laws. Most projects that need a permit from BCDC also need to get permits or approvals from other agencies. Interagency pre-application meetings provide opportunities for projects to:

• Determine what other agency approvals they may need
• Get early, informal feedback from regulators at multiple permitting agencies at the same time

BCDC recommends that larger and more complex projects attend at least one interagency meeting and also schedule a pre-application meeting with BCDC. To learn more about interagency pre-application meetings, what agencies attend, and finding an interagency meeting, please visit BCDC's webpage https://www.bcdc.ca.gov/programs/permits/attend-an-interagency-meeting/.

Design Review Board (DRB) - BCDC Volunteer Advisory Board

DRB reviews most projects with a significant public access component. The DRB provides advice to projects on the adequacy, design, and appearance of the public access. While not required, BCDC highly encourage projects to take advantage of the DRB’s expertise.

• Some projects may appear before the DRB multiple times as the design develops.
• If you opt for DRB review, BCDC staff will work with you to prepare for the meeting(s).

To learn more about DRB and how it works, visit BCDC Design Review Board: What it is, how it works webpage.

Engineering Criteria Review Board (ECRB) - BCDC Volunteer Advisory Board

ECRB is an advisory board that assists the San Francisco Bay Conservation and Development Commission (BCDC) in evaluating the engineering aspects of projects that require BCDC’s permits. The ECRB members volunteer their time and expertise to advise the Commission regarding seismic and other engineering issues and to assist applicants in designing projects with appropriate engineering criteria. ECRB reviews:

• Major projects involving fill in the Bay. Like sea walls, piers, bridges, etc.
• At its discretion, the Commission or staff may have the ECRB review a smaller fill project that involves difficult or unusual engineering or geological factors.

To learn more about ECRB and how it works, visit BCDC Engineering Criteria Review Board: What it is, how it works webpage.

How Do I Check the Status of my BCDC Permit or Application?

Visit BCDC Permit application tracker webpage. You can search using keywords or filter by BCDC permit type, local jurisdiction (Benicia), or status.

If There is a Design or Schedule Change, do I Revise or Amend the Issued BCDC Permit?

Some changes may require amending a BCDC permit. It is recommended to contact BCDC permitting staff and explain the situation to determine if an amendment is needed. If it is determined a time extension or amendment is needed, visit BCDC Permits webpage for time extension request and amending procedures.

Who Can I Contact in BCDC for my Project?

There are four permitting teams: Bay Resources, Shoreline Development, Sediment Management, and Enforcement.

1. Bay Resources: Projects involving the placement of structures or fill within San Francisco Bay, or that have the potential to affect sensitive natural Bay habitats.
2. Shoreline Development: Projects and activities on the shoreline of the San Francisco Bay.
3. Sediment Management: Projects involving dredging, sand mining, flood protection, and habitat restoration.
4. Enforcement Staff: To resolve violations of the Commission’s laws or the terms or conditions of an issued permit.

Visit BCDC meet our permit teams webpage to view each team's expertise.

Jurisdiction

BCDC’s jurisdiction is established in 2 state laws:

• The McAteer-Petris Act establishes five BCDC Jurisdictions:

• The Suisun Marsh Preservation Act has a primary management area of 89,000 acres of tidal marsh, managed wetlands, adjacent grasslands, and waterways; and a secondary management area of 22,500 acres of buffer land.

 For more information, visit BCDC’s jurisdiction webpage. Access maps and spatial data about the Bay, shoreline communities, priority use areas, flood hazards and more visit BCDC's Maps and data webpage.

Authority

BCDC has authority under the federal Coastal Zone Management Act to review activities by federal government agencies that could affect the Bay. This BCDC review happens through a process called “federal consistency” review.

• BCDC's review can consider development projects and activities that happen outside of BCDC’s state permitting jurisdictions (if they have potential effects on the Bay).

• There are two main types of federal consistency reviews:

1. Consistency determinations are submitted by federal agencies for their own projects and activities.

2. Consistency certifications are submitted by applicants for projects that need federal permits, licenses, or funding.

Benicia Active BCDC Permit

In 1977, BCDC adopted Benicia Waterfront Special Area Plan No.3. This special area included three geographical sectors: Historic Business District, Marina District, and Port District. For the city to develop in these areas, the City was issued BCDC Permit No 5-77.  

Since then, there has been multiple amendments that affect both City capital improvements and private developments. It is essential to consult the most recent documents for accurate and current information. While requirements and conditions are often parcel- or project-specific, some notable conditions include: 

• Public access must be "maximum feasible" for projects within 100-foot shoreline zone in the Historical Business District. (Reference BCDC Special Area Plan No.3 & BCDC Resolution No. 46)
• Building heights are capped at 40 feet for projects within 100-foot shoreline zone in the Historic Business District. (Reference BCDC Special Area Plan No.3 & BCDC Resolution No. 46)
• Developers and the City cannot proceed with waterfront fill, dredging, or substantial alteration in the BCDC jurisdiction without compliance with the BCDC permit and its conditions. (Reference BCDC Permit No. 5-77)

 

For more information, view the following documents.

BCDC permits and approvals are an independent and separate process from City of Benicia permitting services. BCDC permits are required for most projects and activities within their jurisdiction. Full list of applicable areas, including waterway list, are found under CA Government Code § 66610 and CA Government Code § 66611. 

Activities and Development Requiring a BCDC Permit

A BCDC permit is required before proceeding with any of the following within BCDC’s jurisdiction:

Construct, remodel, or repair a structure Substantially change the use of any structure or area Moor a vessel for an extended period of time Dredge or extract material from the Bay bottom Dispose of material in the Bay Subdivide property Grade land

Hold a large event Place Shoreline protection Build public access improvements Install utility infrastructure Expand or modify a boat dock Most other activities within BCDC’s jurisdiction

If you are wondering if you need a BCDC permit, please visit https://bcdc.ca.gov/programs/permits/check-if-you-need-a-bcdc-permit/.

Applying for a BCDC Permit

There are several different types of permits:

1. Major Permits - Click here to view application process and timeline.
2. Administrative Permits (Typically seen in Benicia for development projects) - Click here to view application process and timeline.
3. Abbreviated regionwide permits (Typically seen in Benicia for development projects) - Click here to view application process and timeline.
4. Regionwide permits (Typically seen in Benicia for development projects) - Click here to view application process and timeline.
5. Emergency permits - Click here to view application process and timeline.

To prepare and submit your application, visit BCDC application webpage for further instructions based on the type of permit. Visit BCDC Compliance website https://bcdc.ca.gov/programs/compliance/ for more information and required forms. To check BCDC permitting fees, please visit How to pay the BCDC permit application fee webpage.

BCDC Reviews - Commission Level 

Only major permit applications and requests for material permit amendments require a public hearing and vote by BCDC. Applicants will need to prepare and present to BCDC. Meetings are held on the first and third Thursday of the month. Meetings are typically between 1PM-5PM.  Before the Commission meeting:

• Confirm the date and time of the meeting.
• Get the right team for your presentation. It is recommended to have an engineer or designer of record on-board for their expertise.
• Prepare your presentation.
• Send a PDF of your presentation to BCDC prior to the meeting. See BCDC's templates and guidance webpage on how and what requirements to submit content.

At the Commission meeting:

• Present your project.
• Be ready to answer questions from the Commissioners and public comment.

Visit BCDC's Present your project to the Commission webpage for information before and at the Commission meeting.

BCDC Permit Time Extensions

If you need more time, please visit BCDC's How to apply for a time extension to your permit webpage for process, cost, and timeline.

Amending a Current BCDC Permit

If a design change occurred or an amendment to the issued BCDC permit is required, it would fall under one of two categories: material and non-material permit amendment.

• For major development or changes, large in scope or that presents significant potential impacts to the Bay, click here for material permit amendment process and timeline.

• For minor repairs/changes or for improvement listed in the Commission's administrative regulations, click here for non-material permit amendment for process and timeline.

BCDC Compliance and Enforcement

BCDC has an enforcement program for projects and activities requiring compliance. Each BCDC permit contains specific terms and conditions that you must follow. Make sure you have a plan in place to meet your obligations under the permit. There are serious consequences if you do not comply with the terms and conditions of your permit, including:

• Invalidation of the permit
• Fines and civil penalties
• Referral to the California Attorney General for prosecution

Working without a BCDC permit is a violation of the McAteer-Petris Act and Suisun Marsh Preservation Act that can result in substantial financial penalties and legal action.

For more information on compliance requirements, please visit https://www.bcdc.ca.gov/programs/compliance/.

For more information on the enforcement program, please visit https://www.bcdc.ca.gov/programs/enforcement/.

Public access is required by the San Francisco Bay Conservation and Development Commission (BCDC) as a condition of approval for most shoreline developments. “Public access” includes physical public access to and along the shoreline of the Bay and visual public access (views) to the Bay from other public spaces. Below are BCDC handouts and information regarding public access.

Design Guidelines:

• Shoreline Spaces Handout

• Shoreline Signs Handout

• BCDC approved signage graphics webpage

• Landscape Guide for the San Francisco Bay - Shoreline Plants Handout. BCDC Incorporating natural and nature-based features in your project webpage has additional resources and information.

• Types of public access can be found in BCDC's incorporating public access into your project webpage.

How Much Public Access to Provide:

State law requires projects in BCDC’s jurisdiction to provide the “maximum feasible public access” consistent with the project. BCDC staff can help assess opportunities for public access. When inquiring with BCDC, you may be asked to share specific circumstances of the project, project's impacts to existing public access (if applicable), and public access demand generated by the project.

How Long will the Public Access be Required:

When the BCDC Commission approves a permit, projects must usually ensure that public access remains available to the public on a permanent basis. Typical permittee compliance pathways:

• Placing a deed restriction on the public access areas.

• Granting an easement. This may require applying for a subdivision map submission or dedication through the online permit center https://beniciaca.portal.opengov.com/ and an easement agreement. This process will require City Council approval with City and County recordings. For more information contact Public Works engineering@ci.benicia.ca.us 707-746-4240.

• Transferring ownership of the access areas to a public agency at no cost.

For templates, requirements, and more information please visit BCDC Guaranteeing public areas webpage or contact Benicia's liaison.

BCDC Maintenance Requirements

• Permanently guarantee the public access areas. See "Granting an easement" above.

• Maintain the public access areas in good repair.

• Create an operation and maintenance manual

• Provide funding source for perpetual maintenance

For more information contact Public Works engineering@ci.benicia.ca.us 707-746-4240.

• Adapt public access areas to rising sea levels

Environmental review under the California Environmental Quality Act (CEQA) and/or the National Environmental Policy Act (NEPA), as applicable, is required as part of the BCDC permit review process. Depending on the project, these could include:

• Environmental Impact Report (EIR)
• Negative Declaration (ND) or Mitigated Negative Declaration (MND)
• Categorical Exemption
• Environmental Impact Statement (EIS)
• Joint Environmental Impact Report/Environmental Impact Statement

Where there is no development permit with Benicia, BCDC is typically the "lead agency" under CEQA and no CEQA documentation is required prior to applying for a BCDC permit.

Types of Projects/Permitting requiring environmental review:

• Grading Permits (unless exempted by California Code of Regulations (CCR) Title 14, Section 15304)

• Any ‘project’ as defined by CCR Title 14, Section 15378, unless categorically exempted under Article 19, Sections 15301 through 15333.

• Dredging and fill

• Shoreline development: Construction of buildings, piers, docks, marina or any structures within the Bay or along the shoreline o Redevelopment or renovation of existing waterfront structures

• Public Access Improvements: Projects that change or improve public access along the waterfront including trails, parks, or open spaces

• Sea Level Rise and Shoreline Protection: Installation or upgrades to seawalls, levees, flood barriers or other resiliency infrastructure

• Habitat Restoration: Work that alters natural habitats such as wetlands, mudflats or marshes

• Utility and Transportation Infrastructure: Laying pipelines, cables, or constructing bridges, roads or rails lines near or in the Bay

• Marina and Boating Facilities: Expansion or modification of boat docks, slips, harbors, or associated commercial structures.

For City of Benicia fees, please visit Master Fee Schedule https://www.ci.benicia.ca.us/finance. Environmental reviews are at the sole cost of the applicant.

For BCDC fee schedule please use the following link https://www.bcdc.ca.gov/programs/permits/how-to-pay-the-bcdc-permit-application-fee/.

There are two types of Benicia development permits: discretionary and ministerial. The type of BCDC documentation required will depend on the type of Benicia development permit which is required.

 

Discretionary Permits

Benicia Municipal Code BMC 17.12 defines discretionary permits as "means any permit or license issued by the city of Benicia for a project that requires the exercise of judgment or deliberation wherein the city decides to either approve or disapprove a particular activity in accordance with applicable laws and policies including but not limited to a development agreement, amended development agreement, encroachment permit, tentative map, use permit, or design review, and excluding minor changes to previously granted approvals." These types of permits often require a public process, written filings, and other processes above and beyond a checklist.

Ministerial Permits

These types of permits can be processed and issued using fixed and objective standards, or criteria, or code. These would include building permits.

Helpful Tips

• If staff have requested documentation but BCDC confirmed it is not in their jurisdiction, upload BCDC documentation. This may be in email form PDF.

• If you have multiple development permits for the same scope of work, for example grading and building permit applications, upload documents to one application and reference that record in the subsequent applications.