PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS [6001. - 6477.]
Part 1 added by Stats. 1941, Ch. 548.
§§ 6001–6477 · 173 sections
CHAPTER 1. General Provisions §§ 6001–6010 · 11 sections
- § 6001 Unless the context otherwise requires, the general provisions and definitions set forth in this chapter shall govern the construction of this division.
- § 6002 “Commission” means the State Lands Commission.
- § 6003 “City” includes “city and county.”
- § 6004 “Oil and gas” includes oil, gas and all other hydrocarbon substances.
- § 6005 Whenever permissive authority or discretion is vested in any public officer or body under this division, such authority or discretion is subject to the…
- § 6006 The repeal of Chapter 303 of the Statutes of 1921 and of Chapter 227 of the Statutes of 1923 effected by the State Lands Act of 1938 shall not affect any…
- § 6007 The repeal by this code of any provision of law codified herein shall not affect any existing vested rights thereunder or any contract, permit, lease, or…
- § 6008 In order to protect the public’s access to, and use of, all state-owned lands in Humboldt Bay, no right to the use of any state lands, including, but not…
- § 6009 The Legislature finds and declares all of the following: (a) Upon admission to the United States, and as incident of its sovereignty, California received title…
- § 6009.1 The Legislature finds and declares all of the following: (a) Granted public trust lands remain subject to the supervision of the state and the state retains…
- § 6010 The repeal of any provision of law codified in this division shall not affect any existing vested rights under those repealed provisions or under any contract,…
CHAPTER 2. The State Lands Commission and the Division of State Lands §§ 6101–6111 · 14 sections
- § 6101 There is a State Lands Commission in the Resources Agency, consisting of the Controller, the Lieutenant Governor, and the Director of Finance.
- § 6102 The commission is the successor to, and is vested with all the powers, duties, purposes, responsibilities and jurisdiction formerly vested in the Department of…
- § 6103 The commission shall administer all laws and statutes committed to it through the Division of State Lands in the Resources Agency, which division is continued…
- § 6103.2 (a) The State Lands Commission and the Division of State Lands are hereby transferred from the Department of Conservation to the Resources Agency, and, as…
- § 6103.4 The State Lands Commission and the Division of State Lands may, as agencies of the Resources Agency, use the unexpended balances of funds available for use by…
- § 6103.6 All officers and employees of the State Lands Commission and the Division of State Lands who, on the operative date of this section, are serving in the state…
- § 6103.8 The State Lands Commission and the Division of State Lands, as agencies of the Resources Agency, shall have the possession and control of all records, papers,…
- § 6104 The commission shall meet, upon due notice to all members thereof, at such times and places within the State as are deemed necessary by it for the proper…
- § 6105 The commission shall adopt rules governing the conduct of the business of the commission. No action of the commission shall be valid unless authorized by…
- § 6106 The commission may, by resolution, authorize any of its employees or officers to execute any instrument in the name of the State.
- § 6107 Whenever the commission, pursuant to authority granted to it by law, enters into any agreement for the compromise or settlement of title or boundary claims,…
- § 6108 The commission may make and enforce all reasonable and proper rules and regulations consistent with law for the purpose of carrying out the provisions of this…
- § 6110 The State Lands Commission may, by resolution, designate an officer or employee of the commission to conduct the public hearings which the commission is…
- § 6111 Notwithstanding any other provision of this code or of law and except as provided in the State Building Standards Law, Part 2.5 (commencing with Section 18901)…
CHAPTER 3. Powers and Duties Generally §§ 6201–6225 · 53 sections
- § 6201 The commission may periodically classify any or all state land for its different possible uses, and, when it is deemed advisable, may require the Department of…
- § 6202 The commission may make surveys and subdivisions of lands belonging to the state to be sold, leased, or to have the boundary established, and the county…
- § 6203 On or before the first Monday in March in each year, the commission shall make out and transmit to the assessor of each county where lands or lots lie that…
- § 6204 The commission shall, when required, survey and mark the boundary lines of counties and cities.
- § 6206 The commission shall provide the necessary record books and cause all lists or patents for lands from the United States to be recorded therein.
- § 6206.5 The commission is hereby empowered to apply to the United States Department of the Interior for patents to the numbered school sections in place and to accept…
- § 6207 The commission shall keep separate accounts and records in relation to each class of lands to which the State is entitled, which shall show: (a) The number of…
- § 6208 The commission shall also keep plats of such lands, upon which all approved locations and surveys shall be designated by their numbers.
- § 6209 When certificates of purchase or patents are issued, the fact shall be noted on the plats.
- § 6210 The commission shall represent the State in all contests between it and the United States in relation to public lands.
- § 6210.1 When the commission desires to take testimony under the provisions of the act of Congress to quiet land titles in California, passed July 23, 1866, or any act…
- § 6210.2 The commission may withdraw from sale any of the public lands belonging to the State and may restore any or all public lands so withdrawn, or other public…
- § 6210.3 The commission may grant easements and rights-of-way to the Department of Transportation to or over any of the public lands of the state for the purposes of…
- § 6210.4 No lands owned by the State which lands front upon or are near to any lake, navigable stream or other body of navigable water, convenient access to which is…
- § 6210.4a All conveyances by the State of the sixteenth and thirty-sixth sections, or lands acquired in lieu thereof, or of swamp and overflowed lands shall be made…
- § 6210.5 No lands owned by the State, which lands provide the only convenient means of access to other lands owned by the State, shall ever be sold, leased or rented…
- § 6210.6 Notwithstanding Section 6210.5, the commission is not required to reserve an easement on school lands if it determines that selling the school lands without…
- § 6210.7 The commission may amend or terminate any lease, easement, or contract under its jurisdiction, with the consent of the other party thereto.
- § 6210.8 Whenever a navigable river or slough becomes abandoned and is no longer useful for navigation, the commission may sell, for cash, or exchange for lands having…
- § 6210.9 If the commission has public land, including school land, tide or submerged lands, and lands subject to the public trust for commerce, navigation, and…
- § 6211 (a) Whenever a parcel of timbered land under the jurisdiction of the commission is totally surrounded by, or is contiguous to, a national forest or a state…
- § 6212 (a) Upon appropriation of moneys by the Legislature for the purposes of this section, the commission shall, within two years, administer a coastal hazard and…
- § 6212.2 The commission may, under such rules and regulations as it may prescribe, issue permits for the taking of cores or other samples by means of drilling…
- § 6212.3 (a) The commission may authorize, by permit, the conduct of geophysical surveys on state lands under its jurisdiction, including granted and ungranted…
- § 6213 Whenever it appears by final decree of any court of competent jurisdiction that title to any land subject to sale by the State was obtained, or sought to be…
- § 6213.5 (a) (1) The commission shall consult, and enter into any necessary negotiations, with the owners of the property known as Martins Beach, consisting of two…
- § 6214 Fees shall be charged and collected by the commission pursuant to its rules and regulations for the following: (a) Certificates of purchase or duplicates…
- § 6215 As to lands heretofore sold by this State with a reservation to the State of a one-sixteenth interest in the oil and gas or other minerals therein, pursuant to…
- § 6216 This section is enacted for the purpose of declaring the scope and extent of the powers, duties, purposes, responsibilities and jurisdiction of the State Lands…
- § 6216.1 The commission may remove or cause to be removed any artificial structures or obstructions from ungranted lands under its jurisdiction if the commission…
- § 6216.5 The commission may prescribe such rules and regulations for the noncommercial hobby collection of minerals from state lands as are in the best interests of the…
- § 6217 With the exception of revenue derived from state school lands and from sources described in Sections 6217.6, 6301.5, 6301.6, 6855, and Sections 8551 to 8558,…
- § 6217.1 (a) This section and the process described in this section governs the expenditure of any funds received by the State of California from the federal government…
- § 6217.2 Notwithstanding Section 16304.1 of the Government Code, a disbursement in liquidation of an encumbrance for a project funded pursuant to the Coastal Watershed…
- § 6217.3 (a) The Legislature finds and declares all of the following: (1) The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection…
- § 6217.5 Except for the revenues distributed pursuant to Section 3826, all net revenues, moneys, and remittances from the use of school lands and lieu lands shall be…
- § 6217.6 All rental income received for surface uses, including, but not limited to, surface drilling rights, upon lands under the jurisdiction of the State Lands…
- § 6217.6.1 (a) For purposes of this section, the following terms shall have the following meanings: (1) “Account” means the Lake Tahoe Science and Lake Improvement…
- § 6217.7 All net revenues, moneys, and remittances from the sale of school lands and lieu lands shall be deposited in the State Treasury to the credit of the School…
- § 6217.8 (a) For purposes of this section, “fund” means the Oil Trust Fund established pursuant to subdivision (b). (b) The Oil Trust Fund is hereby established in the…
- § 6218 The commission may charge and collect reasonable fees for services performed by it, not exceeding the actual cost to the state of such services. In any case…
- § 6219 The commission may, if it determines it is in the best interests of the state, accept on behalf of the state any gift, devise, grant, quitclaim, or other…
- § 6220 Whenever authority is not vested in another officer, agency or commission to accept quitclaim deeds on behalf of the State, the authority is vested in the…
- § 6221 Any instrumentality, district, agency, or political subdivision of the state occupying or using, pursuant to law, lands owned by the state and under the…
- § 6222 No county, city, district, political subdivision, agency or officer of the State shall request or make application to have any lands owned or controlled by the…
- § 6223 Applications for purchase, or lease of state lands shall be given the priority of time of filing; except that applications filed by any county, city, or…
- § 6224 The commission may adopt rules and regulations which provide for the payment of either a penalty or interest, or both, by any person who fails to pay the…
- § 6224.1 Any person who trespasses upon any lands owned or controlled by the state and under the jurisdiction of the commission, including, but not limited to,…
- § 6224.2 (a) Except as otherwise provided in subdivision (b), any person who appropriates or converts any mineral deposits reserved to, or owned by, the state and under…
- § 6224.3 (a) A person shall not construct, place, maintain, own, use, or possess a structure or facility on land that is under the commission’s jurisdiction and that is…
- § 6224.4 (a) Before the commission considers whether to pursue a remedy provided under Section 6224.3, the commission shall first provide a written notice to the person…
- § 6224.5 (a) If, as of January 1, 2013, a person is in violation of subdivision (a) of Section 6224.3, that person shall not be subject to a penalty pursuant to that…
- § 6225 (a) The commission shall conduct research, investigations, and title searches on the real property in this state of the beaches of Lake Tahoe which is…
CHAPTER 3.2. Sea Grant Program §§ 6230–6238 · 9 sections
- § 6230 An amount specified in the annual Budget Act shall be available for distribution for public and private higher education for use as up to two-thirds of the…
- § 6231 There shall be a Sea Grant Advisory Panel consisting of 17 members as provided in Sections 6232, 6233, and 6234. The advisory panel shall do all of the…
- § 6232 The Secretary of the Natural Resources Agency shall appoint the following members of the advisory panel, who shall serve at the pleasure of the secretary: (a)…
- § 6233 (a) The Senate Committee on Rules shall appoint one Member of the Senate to the advisory panel, who shall serve at the pleasure of the Senate Committee on…
- § 6234 The Secretary of the Resources Agency, or the secretary’s designee shall be a member of the advisory panel and shall serve as chairperson of the advisory panel.
- § 6235 All advisory panel members shall serve without compensation.
- § 6236 The Sea Grant research projects selected for the state support under this chapter shall have a clearly defined benefit to the people of the State of…
- § 6237 (a) The Legislature hereby finds and declares that the funding provided by this chapter is needed to stimulate the development and utilization of ocean and…
- § 6238 Nothing in this chapter shall be construed to preclude the application for funding of any project that would be eligible for funding under the terms of the…
CHAPTER 3.4. California Coastal Sanctuary §§ 6240–6245 · 6 sections
- § 6240 This chapter shall be known, and may be cited, as the California Coastal Sanctuary Act of 1994.
- § 6241 The Legislature hereby finds and declares that offshore oil and gas production in certain areas of state waters poses an unacceptably high risk of damage and…
- § 6242 (a) A California Coastal Sanctuary is hereby created which includes all state waters subject to tidal influence, except as provided in subdivisions (b) and…
- § 6243 Notwithstanding any provision of Article 4 (commencing with Section 6870) of Chapter 3 of Part 2 or any other provision of law, no state agency or state…
- § 6244 The commission may enter into any lease for the extraction of oil or gas from state-owned tide and submerged lands in the California Coastal Sanctuary if the…
- § 6245 (a) Except as provided in subdivision (e), the commission or a local trustee shall not enter into any new lease or other conveyance authorizing new…
CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon §§ 6301–6360 · 52 sections
ARTICLE 1. Administration and Control Generally §§ 6301–6314 · 27 sections
- § 6301 The commission has exclusive jurisdiction over all ungranted tidelands and submerged lands owned by the State, and of the beds of navigable rivers, streams,…
- § 6301.2 Notwithstanding any of the provisions of the Governor’s Reorganization Plan No. 2 of 1969 for the Reorganization of the Executive Branch of California State…
- § 6301.5 The commission may act in behalf of the State of California pursuant to Section 7 of the Outer Continental Shelf Lands Act, an Act of Congress approved by the…
- § 6301.6 If any funds are impounded pursuant to Section 6301.5 under the custody and control of the State of California, such impounded funds may be invested and…
- § 6301.7 The commission may negotiate with, and with the approval of the Governor may enter into agreements with, the United States, or any official, agency, licensee,…
- § 6302 The commission may eject from any tide and submerged lands, beds of navigable channels, streams, rivers, creeks, lakes, bays, and inlets under its…
- § 6302.1 (a) (1) The commission may take immediate action, without notice, to remove from areas under its jurisdiction a vessel that is left unattended and is moored,…
- § 6302.2 (a) The commission shall, in consultation with other relevant state and local agencies directly involved in the removal of abandoned vessels, by July 1, 2019,…
- § 6302.3 (a) The commission, at a properly noticed commission hearing, may take title to an abandoned vessel subject to disposal pursuant to Section 6302.1 for the sole…
- § 6302.4 (a) At the request of the commission, an employee or agent of the commission or a peace officer of the federal or state government or a city, county, or other…
- § 6303 (a) The commission may grant the privilege of depositing material upon or removing or extracting material from swamp, overflowed, marsh, tide or submerged…
- § 6303.1 Any person who knowingly and willfully fills, dredges, or reclaims any state-owned land under the jurisdiction of the commission underlying any navigable…
- § 6304 The commission may cooperate with the Coastal Engineering Research Board of the United States Army Corps of Engineers, and may expend such moneys as are…
- § 6305 The powers granted by this chapter to the commission as to leasing or granting of rights or privileges with relation to the lands owned by the state are hereby…
- § 6306 (a) For purposes of this division, “local trustee of granted public trust lands” means a county, city, or district, including a water, sanitary, regional park,…
- § 6306.1 Notwithstanding any other provision of law, the State Lands Commission and the City of Los Angeles, acting by and through its Board of Harbor Commissioners,…
- § 6306.2 (a) Notwithstanding any other provision of law, in order to mitigate the effects of the project which is the subject of the Department of the Army Permit No.…
- § 6307 (a) The commission may enter into an exchange, with any person or any private or public entity, of filled or reclaimed tide and submerged lands or beds of…
- § 6307.1 (a) This section applies only to land in which California has a sovereign interest that lies within the boundaries of the State of Arizona and land in which…
- § 6308 If an action or proceeding is commenced by or against a county, city, or other political subdivision or agency of the state involving the title to or the…
- § 6309 (a) The commission shall administer the Shipwreck and Historic Maritime Resources Program, which consists of the activities of the commission pursuant to this…
- § 6310 Whenever tide and submerged lands granted in trust to a county by the Legislature are included within a city’s boundaries as the result of that city’s…
- § 6311 It is hereby declared to be the policy of this state that any grant of tidelands or submerged lands made after January 1, 1971, within an area which has been…
- § 6311.5 (a) For the purposes of this section, the following terms shall have the following meanings: (1) “Local trustee” means a local trustee of granted public trust…
- § 6312 Neither the state, nor any political subdivision thereof, shall take possession of lawful improvements on validly granted or patented tidelands or submerged…
- § 6313 (a) The title to all abandoned shipwrecks and all archaeological sites and historic resources on or in the tide and submerged lands of California is vested in…
- § 6314 (a) A person who removes, without authorization from the commission, or a person who destroys or damages an archaeological site or a historic resource, that is…
ARTICLE 2. Control of Structures §§ 6321–6327 · 8 sections
- § 6321 The commission may, upon written application of the littoral owner, grant authority to any such owner to construct, alter or maintain, groins, jetties, sea…
- § 6321.2 In addition to the fees provided in Section 6321, the commission may fix and collect reasonable charges or rentals for the use of lands upon which any of the…
- § 6322 The commission may also remove or require to be removed, repaired or altered, and may regulate the type, character, design, size, and maintenance of, such…
- § 6323 If accretions are caused or occasioned by any such structure authorized hereunder, no fence, building or other structure of any kind, other than the structure…
- § 6324 If by reason of any grant to any municipality, political subdivision, or district, or by reason of any charter of any city or county, any of the powers and…
- § 6325 The authority granted under this chapter does not obviate the necessity for the applicant to obtain permisssion from the proper federal agencies to construct,…
- § 6326 Nothing in this chapter abridges any right of the State to erect, maintain, or remove the protective structures herein mentioned, upon, across, or over any of…
- § 6327 The commission may, upon written application, grant a permit for the use and occupancy of state lands under the jurisdiction of the commission for the…
ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands §§ 6331–6342 · 13 sections
- § 6331 As used in this article: (a) “Ungranted tidelands” means the tide and submerged lands owned by the State of California which have not been granted in trust to…
- § 6331.5 The commission shall make an inventory to ascertain and describe by metes and bounds the location and extent of all ungranted tidelands. The commission shall,…
- § 6332 The commission shall: (a) Adopt and enforce such rules and regulations as may be necessary or convenient to carry out the purposes of this article in…
- § 6333 The commission shall prepare and adopt, on or before March 31, 1989, a “Preliminary Map of Ungranted Tideland Boundaries in California” based on the inventory…
- § 6334 After completing the “Preliminary Map of Ungranted Tideland Boundaries in California,” the commission shall adopt and prepare a “Preliminary Description of…
- § 6335 On or before December 31, 1989, any local agency or other interested person affected by boundaries described by the “Preliminary Description of Ungranted…
- § 6336 The commission may negotiate with any person or local agency having or claiming an interest in any land affected by boundaries described by the “Preliminary…
- § 6337 Before adopting the Master Map of Ungranted Tideland Boundaries in California and a Description of Ungranted Tideland Boundaries pursuant to Section 6338, the…
- § 6338 On or before December 31, 1992, the commission shall prepare, certify, adopt, and publish in final form a “Master Map of Ungranted Tideland Boundaries in…
- § 6339 (a) Boundaries established by boundary agreements entered into and recorded pursuant to Section 6336, as to all parties thereto, shall be fixed and permanent…
- § 6340 The inventory required by this article shall not extend to, or have any bearing upon, the determination of the seaward boundary separating lands belonging to…
- § 6341 Any boundary line agreement entered into pursuant to Section 6336 or 6357, or any consent recorded pursuant to subdivision (b) of Section 6339, or any exchange…
- § 6342 The commission may enter into boundary line agreements with any person or public entity, describing and defining the boundary line between ungranted tidelands…
ARTICLE 3. Procedure on Establishment of Ordinary High-Water and Low-Water Mark §§ 6357–6360 · 4 sections
- § 6357 The commission may establish the ordinary high-water mark or the ordinary low-water mark of any of the swamp, overflowed, marsh, tide, or submerged lands of…
- § 6358 On receipt of a request from the legislative body of a county, city, or other political subdivision or agency of the State, to which a legislative grant of…
- § 6359 Whenever by legislative enactment tide or submerged lands of the State are granted or conveyed or authorized to be granted or conveyed or whenever a previous…
- § 6360 Notwithstanding any other provision of law, the boundary line of land lying within the Sacramento-San Joaquin Delta (as defined in Section 12220 of the Water…
CHAPTER 4.5. Development of State Lands §§ 6370–6378 · 8 sections
- § 6370 The commission, acting in concert with the Resources Agency and the Office of Planning and Research, and in cooperation with other appropriate state, federal,…
- § 6370.1 The Office of Planning and Research shall, for purposes of Section 6370, define “significant environmental values”, which definition shall include, but not be…
- § 6370.2 The commission shall submit a final report to the Legislature by January 15, 1975, which identifies those lands determined by the commission to possess…
- § 6371 Until submission of the report required in Section 6370.2 the State Lands Commission shall not sell any of the lands under its jurisdiction unless it has made…
- § 6373 At least 10 days before the commission authorizes a conveyance of state lands to a private party or other governmental agency, the commission shall notify, by…
- § 6376 It is the intent of the Legislature that any inventory prepared pursuant to this chapter shall be solely for informational purposes and not to establish rights…
- § 6377 The provisions of this chapter shall not apply to tidelands transferred pursuant to Chapter 1333 of the Statutes of 1968, to tidelands and submerged lands…
- § 6378 The commission shall determine the ownership of all salmon and steelhead spawning areas as designated by Section 1505 of the Fish and Game Code. All areas…
CHAPTER 5. Reservation of Minerals §§ 6401–6407 · 8 sections
- § 6401 (a) All oil, gas, oil shale, coal, phosphate, sodium, gold, silver, and all other mineral deposits in public lands belonging to the state, or which may become…
- § 6401.5 (a) Notwithstanding Section 6401, the commission may sell to a surface property owner, for not less than fair market value, the state’s reserved mineral…
- § 6402 All applications to purchase state public lands and all sales pursuant thereto shall be subject to and contain a reservation to the State of all oil, gas, oil…
- § 6403 This chapter shall not be construed as applicable to the sale or exchange by the state of the following lands: (a) Lands acquired by the state on sale thereof…
- § 6404 Any state agency that sells any of the lands listed in Section 6403, other than tax-deeded lands, may, with the approval of the commission, dispose of oil and…
- § 6405 The commission shall have the sole responsibility for and jurisdiction over the administration, management and disposal of all mineral reservations heretofore…
- § 6406 The commission is hereby authorized to sell, exchange, rent, lease, or otherwise manage the property represented by all mineral reservations to the State made…
- § 6407 This section is enacted for the purpose of declaring the scope and extent of the powers, duties, purposes, responsibilities and jurisdiction of the commission…
CHAPTER 6. Exchange of Certain Lands With the Federal Government §§ 6441–6445 · 5 sections
- § 6441 Public lands of the State, situated within the exterior boundaries of a National forest, which in the judgment of the commission are more valuable for timber…
- § 6442 Public lands of the State, situated within the exterior boundaries of a National park, which in the judgment of the commission are more valuable for timber or…
- § 6443 The commission may cooperate with the Secretary of the Interior, may select the lands of this State to be exchanged with the United States under Section 8 of…
- § 6444 Whenever in the judgment of the commission it is to the advantage of the State to exchange any of its public lands, as provided in Sections 6441, 6442 and…
- § 6445 No lands shall be accepted in exchange under this article without the approval of the commission. All lands so acquired shall be subject to the laws governing…
CHAPTER 7. Quiet Title Actions §§ 6461–6465 · 5 sections
- § 6461 Any person or persons claiming any interest in or to real property which is alleged to be claimed by the State of California to be situated in the former bed…
- § 6462 Service of summons in a suit shall be upon the chair of the State Lands Commission and the Attorney General and it shall be the duty of the Attorney General to…
- § 6463 Any person or persons claiming title under a patent of tideland, issued by the State of California, may bring suit against the State, or against the State with…
- § 6464 Any person or persons claiming title to land adjoining tide or submerged land, herein called “adjoining land,” under a patent issued by the United States of…
- § 6465 The complaint in any action pursuant to this chapter shall, on request, contain a plat of the property to which the action relates which shows the location of…
CHAPTER 8. State Teachers’ Retirement Lands Act §§ 6475–6477 · 2 sections