Harbor Commissions in California

Harbors and Navigation Code Division 7, Chapter 2, Article 1 deals with the establishment of harbor commissions in this state.

Section 4040 provides that, in any county of this State in which there exists any harbor, bay, inlet, or other arm of the sea, the board of supervisors, upon receiving a petition signed by persons who are both freeholders and electors in such county, equal in number to at least 15% of the vote cast in the county for the office of Governor at the last preceding election, asking that the matter of issuing bonds of the county for the purpose of improving, developing or protecting the harbor, naming it by the name by which it is commonly called, be submitted to the electors of the county, may appoint a harbor commission for the county.

Section 4041 requires the harbor commission to consist of 5 members, each of whom, at the time of his appointment, is and has been for two years a bona fide resident, elector, and freeholder of the county. They serve a term of four years.

Section 4042 requires each commissioner to take and subscribe the constitutional oath of office, and a bond in a sum to be fixed by the board of supervisors,

Section 4043 requires each member of the commission to receive $5 for each day actually and necessarily spent in the discharge of their duties under this chapter, together with their necessary traveling expenses.

Section 4044 provides that, when a harbor commission appointed under the provisions of this chapter ceases to exist, another harbor commission may thereafter be created by the board without requiring an additional petition, and the harbor commission when so created may exercise all of the powers and is governed by the provisions of this chapter to the same extent as the commission first appointed.

Section 4045 states that, after a careful examination the commission reports to the board of supervisors that the improvement, development or protection of the harbor is not practicable, or would involve too great an expense, and if the report is approved by the board, then the harbor commission will no longer exist.

Section 4046 provides that, when any improvement, development or protection of a bay, inlet, or other arm of the sea, commenced under this chapter is accomplished, and if the board continues the commission in existence, or if it thereafter creates another commission, the commission proceeds to examine the harbor, bay, inlet or other arm of the sea in connection with the proposed further or additional improvement, development or protection and it must provide detailed plans and specifications and report to the board the practicability and estimated cost.

Section 4047 allows the commission, with the approval of the board of supervisors, to appoint and fix the compensation of a clerk, and necessary office assistants, and it may also employ and appoint an engineer or engineers and other experts.

Section 4048 requires the commission, whenever it ceases to exist, to make a final report to the board and file all books, records and papers appurtenant to the commission and to all work done by it with the board, and, if the report is approved by the board, the commission is discharged from duty and its bonds from that date exonerated.

Section 4049 specifies that this chapter does not apply to any harbor, bay, inlet, or other arm of the sea, or any portion thereof, maintained or operated by the State or any municipality or to any harbor, bay, inlet, or other arm of the sea, in which the State, since the present State constitution was adopted, has ceded or granted to any municipality the whole or any portion of the salt-marsh or tidelands.