The San Francisco Bay Conservation and Development Commission (BCDC) protects and enhances San Francisco Bay and advances the Bay’s responsible, productive, and equitable uses—for today and for generations to come—as we face a changing climate and rising sea levels. BCDC’s jurisdiction is established in 2 state laws: The McAteer-Petris Act and The Suisun Marsh Preservation Act. BCDC also coordinates with the federal government under the federal Coastal Zone Management Act.

See the Permits section of the BCDC website for more information.

Do I need a BCDC permit?

Whether or not you need a BCDC permit depends on where your project is located and the type of activity or development you are planning.

BCDC’s Jurisdiction

BCDC is a state agency with land use planning and regulatory authority over San Francisco Bay and the Suisun Marsh. BCDC has several types of jurisdiction under state law.

  • San Francisco Bay, including its open waters, marshes, and mudflats. Also tributaries to the Bay where they are influenced by tides.
  • The first 100 feet inland from the shoreline around San Francisco Bay and its tidally influenced tributaries (an area called the “shoreline band”)
  • Salt ponds – areas that were diked off from the Bay in the past so they could be used for producing salt
  • Managed wetlands – wetlands that were diked off from the Bay in the past to create duck hunting habitat and for agricultural uses
  • Certain waterways, as described in Section 66610(e) of the McAteer-Petris Act

There are 2 jurisdictions under the Suisun Marsh Preservation Act:

Development in either jurisdiction requires a permit called a “marsh development permit.”

  • BCDC issues permits in the primary management area
  • Local governments issue permits in the secondary management area (this decision can be appealed to BCDC in some cases)

The official legal definitions of BCDC’s permitting jurisdictions are found in section 66610 of the McAteer-Petris Act and sections 29101 through 29103 of the Suisun Marsh Preservation Act.

Find out more about BCDC’s jurisdiction. Contact them if you need help determining if your project is in BCDC’s jurisdiction.

Activities and development that require permits

State law gives BCDC the authority to issue or deny permits for any projects that “place fill, …extract materials, or … make any substantial change in use of any water, land or structure” within its jurisdiction.

You need a permit before you do any of the following things within BCDC’s jurisdiction:

  • Construct, remodel, or repair a structure
  • Substantially change the use of any structure or area
  • Moor a vessel for an extended period of time
  • Dredge or extract material from the Bay bottom
  • Dispose of material in the Bay
  • Subdivide property
  • Grade land
  • Hold a large event
  • Most other activities within BCDC’s jurisdiction

Still not sure whether or not your project needs a BCDC permit? Contact them for advice.

How do I apply for BCDC permit?

Coordinate early with BCDC staff

After you find out which projects and activities need a permit from BCDC, meet with them early if you are planning a large or complex project. A pre-application meeting is not a required step, however, it is highly recommended for larger and more complex projects. Small and very routine projects generally don’t require a pre-application meeting.

Get local discretionary permits and other necessary approvals

Most projects need approvals from other agencies before you can apply to BCDC. Those approvals are not required before BCDC can act on an application for an abbreviated regionwide permit.

Submit a permit application form

Prepare and submit your application. BCDC issues several different types of permits. What type of permit a project requires depends on its size, location, and potential impacts on the Bay and its shoreline.

Get a decision

The Commission votes on major projects, while others are reviewed by BCDC staff. See the step-by-step guide for how to apply for a major permit.

San Francisco Bay Restoration Regulatory Integration Team (BRRIT)

The BRRIT was formed to improve the permitting process for multi-benefit habitat restoration projects and associated flood management and public access infrastructure in the San Francisco Bay and along the shoreline of the nine Bay Area counties (excluding the Delta Primary Zone). The BRRIT consists of staff dedicated to this purpose from six of the state and federal regulatory agencies that may have jurisdiction over habitat restoration projects in San Francisco Bay, including BCDC.

The Restoration Authority will regularly issue calls for projects to participate in the BRRIT pre-application and permitting process. Please contact the Restoration Authority at BRRIT@sfbayrestore.org to receive emails about the Restoration Authority’s solicitation for projects or if you have any questions about how to get your restoration project on the Project List for BRRIT review.

To be placed on the BRRIT Project List:

  • Projects must qualify for funding under the Restoration Authority’s definition of multi-benefit wetland restoration projects and their associated flood management and public access infrastructure features (an eligible project does not have to be receiving Authority funding); and
  • Projects must be entered into EcoAtlas as “San Francisco Bay Restoration Authority (Eligible).” If your project is not yet included in EcoAtlas, please use the  EcoAtlas Project Tracker tool to add your project. Restoration Authority staff will then determine Measure AA eligibility and add projects to the BRRIT Project List 

A recording of the May 28, 2019 webinar about how to submit projects to the BRRIT can be found here: https://youtu.be/UBcWVP9qQfM

Visit Website