BCDC Permits and How to Apply

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/.