Permits
Our wetlands are protected by authorities at the local, state, and federal level. As a rule no one can do anything to or in protected wetlands without getting permission from an agency with authority to give permission and also to take enforcement actions against noncomplying uses of the wetlands.
Primary jurisdiction for activity and development permits in wetlands lies with the San Francisco Bay Conservation and Development Commission (BCDC). BCDC issues permits for projects and activities to be located in BCDC’s jurisdiction that conform to the San Francisco Bay Plan. Enforcement staff investigates reports of illegal activities in the bay and wetlands. Anyone contemplating development activity in our wetlands should contact BCDC.
The Army Corps of Engineers also issues permits for conforming projects and activities. Jurisdiction is under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act.
Limitation on activity in wetlands
The 1918 Migratory Bird Treaty Act effectively puts our wetlands off limits. It forbids disturbing a long list of migratory birds, some of which live in our wetlands. The U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife (CDFW) administer and enforce the Act.
Owners of property adjacent to wetlands
The lots of many properties adjacent to wetlands extend into the protected area. Privately owned portions of wetlands are subject to the State’s Public Trust Doctrine, so any portion of property that lies in the wetlands is subject to federal and state laws that apply to wetlands regardless of ownership. As well, some deeds contain language to the effect that any part of a lot that extends into the wetlands is, not, in fact, owned by the property owner.
A building permit is required for any activity adjacent to or intruding on wetlands, e.g., the extension of a deck to the edge of the wetlands. If your lot is within San Rafael city limits, permits are issued by the City of San Rafael Building Division. If your lot is in unincorporated Marin County, permits are issued by the Marin County Building and Safety Division. All permits are issued subject to the Marin County General Plan, which considers wetland protections.