Private Wharves and Piers in California

California’s Harbors and Navigation Code, in Division 7, Chapter 1, deals with private wharves and piers. Section 4000 authorizes the board of supervisors of a county, upon approval of the Public Utilities Commission, to grant authority to any person to construct a wharf, chute, or pier, on any lands bordering on any navigable bay, lake, inlet, creek, slough, or arm of the sea, situated in or bounding the county, with a license to take tolls for its use for the term of 20 years.

Section 4001 allows the county board of supervisors, upon approval of the Department of Finance through the Chief of the Division of State Lands, to grant authority to any city, county or person, to construct a wharf for recreational, pleasure or boating purposes, on any lands bordering the seashore, situated in or bounding the county, with a license to take tolls for its use for a term of 20 years.

Section 4002 states that an application for this authority is made by publishing notice as required in the next section, and by filing a petition in writing, containing seven specified items of information.

Section 4003 requires each application to publish a notice in at least one newspaper in each county which the wharf or chute touches. If there is no newspaper located in the county, then publication is to be made in a newspaper published in an adjoining county and notices are to be posted in three public places in the proper counties for four successive weeks.

Section 4004 states that, when any lands sought to be appropriated and used for a wharf or chute are not owned by the applicant or if a right of way and use has not been obtained by agreement, these facts and the particular description of the land must be set forth in the petition of the applicant, and a copy of the notice of application is to be served on the owner by the sheriff of the county, at least 10 days prior to the day set for the hearing.

Section 4005 provides that, if the owner of the land is a nonresident of the county, the sheriff may make service by leaving a copy of the notice of application with the occupant, or agent of the owner. If there is no occupant, or agent of the owner, the sheriff may place a copy in the post office addressed to the owner 30 days prior to the day set for the hearing.

Section 4006 specifies that, on the day named in the notice, or to which the hearing is adjourned, the board is required to hear proof of the publication and service of notice. If the proof is satisfactory, the board will hear the allegations of the petition and any objections to the granting of the application, and proofs in support of each.

Section 4007 says that the grant conveys to the grantee or applicant the right of way and all necessary use, for the purposes of the wharf or chute, of any of the overflowed, submerged, or tidelands belonging to the State, and a right of way over any swamp, overflowed, marsh, or tidelands lying between the wharf or chute and high or dry land, 50 feet in width, for 20 years.

Section 4008 explains that the grant carries with it the right to have unencumbered and unobstructed the land and water on each side of the wharf or chute from high-water mark to navigable water, for a distance of 150 feet, for the convenience of landing, loading, and unloading vessels.

Section 4009 specifies that, after authority to construct a wharf or chute has been granted, until the grantee has procured from the owner the right-of-way and other necessary incidental uses of any lands necessary for the wharf or chute, there is no authority to construct a wharf or chute or to take tolls.

Section 4010 prohibits the wharf or chute from being of a greater width than 75 feet, and it may extend to navigable water. A wharf constructed upon any of the navigable rivers, straits, sloughs, and inlets in this State may extend along the shores for a distance not exceeding 1,000 feet if it does not obstruct the free navigation of the water on which it is situated. However, this section does not apply to the water fronts of incorporated cities or towns.

Section 4011 provides that the orders granting authority, and agreements, contracts, deeds, and decrees of courts granting the right of way and other use of lands, are to be filed and recorded in the office of the recorder of the county in which the wharf or chute is situated, and constitutes the franchise of the applicant. The fees of the recorder, as also the fees of the clerk, sheriff, and other officers, for services rendered, must be paid by the applicant.

Section 4012 requires the board to annually fix the rate of tolls or wharfage for the use of the wharf or chute, to produce an income of not less than 15 nor more than 25% per annum on the fair cash value of the wharf or chute, and on the cost of its repair and maintenance, exclusive of the amount paid for the license required by this chapter.

Section 4013 provides that, when the wharf or chute is completed and the tolls or wharfage fixed, the owner is entitled to a license to take tolls for the term of one year.

Section 4014 states that an owner or keeper of a wharf or chute who takes toll or wharfage for its use forfeits the sum of 25 dollars, and is liable for all damage occasioned, if he fails to keep it in good repair, or if it is unsafe or dangerous.

Section 4015 prohibits authority from being granted under this chapter which will interfere with vested rights, or interfere with or infringe grants made by State authority.

Section 4017 allows a board of supervisors to grant any railroad corporation authority to construct a wharf on or in front of any lands owned by it bordering on any navigable bay, inlet, lake, creek, slough or arm of the sea situated in or bounding the county, with a license to take tolls for its use for the term of the corporate existence of the railroad corporation, not exceeding 50 years.