Cal. Code Regs. tit. 14 § 10704

Current through Register 2025 Notice Reg. No. 2, January 10, 2025

Section 10704 - Fill Necessary to the Welfare of the Public to Protect Historic Structures

The Commission may approve fill as necessary to the welfare of the public in the entire Bay Area to protect historic structures only if the Commission finds and declares that:

(a) the fill would be necessary to repair, maintain or rehabilitate a structure that has been listed on the National Register of Historic Places or as a California Registered Historical Landmark;

(b) the repair, maintenance or rehabilitation project would be limited to the site of the historic structures and would not result in a significant increase in Bay coverage;

(c) the fill is necessary because it is physically impracticable to repair, maintain or rehabilitate the structure without filling;

(d) the amount and type of fill is the minimum necessary and the least detrimental to accomplish the repair, maintenance or rehabilitation of the structure;

(e) the repair, maintenance or rehabilitation project, including all fill associated with the project, would not alter the structure's historic designation;

(f) the repair, maintenance or rehabilitation project, including all fill associated with the project, would not adversely affect the present or future use of the area for water-oriented priority land uses designated by the Commission pursuant to California Government Code Section 66611;

(g) maximum feasible public access would be provided as part of the repair, maintenance or rehabilitation project; and

(h) the repair, maintenance or rehabilitation project, including all fill associated with the project, would comply with the provisions of Cal. Government Code Section 66600 through Section 66661 et seq. and the San Francisco Bay Plan, except those policies limiting fill to water-oriented uses.

Cal. Code Regs. Tit. 14, § 10704

1. New section filed 10-20-92; operative 11-19-92 (Register 92, No. 43).

Note: Authority cited: Section 66632(f), Government Code and Section 29201(e), Public Resources Code. Reference: Sections 66605(a) and 66632(f), Government Code and Section 29201(e), Public Resources Code.

1. New section filed 10-20-92; operative 11-19-92 (Register 92, No. 43).