Dock, pier and float rules in Tiburon, California
Yes, with approvals. Piers, docks, boat lifts and mooring facilities in Tiburon's Marine (M) zone need a town tidelands permit, and bay work is also subject to BCDC. Floats for private pleasure craft are listed as a permitted use, but the town requires a tidelands permit for all construction in the M zone, so expect one for a float too. The code sets no specific dock size limits; projects that aren't minor go to the Planning Commission with a conditional use permit.
| Floats or dolphins for private pleasure craft | Permitted use in the M zone [1] |
| Piers, docks and boat lifts | Tidelands permit required [2] |
| Who decides | Director for repairs/minor work; otherwise Planning Commission with a conditional use permit [3] |
| Other agency | San Francisco Bay Conservation and Development Commission (BCDC) [4] |
| Permit expiration | 3 years, no extensions [5] |
Where docks are allowed
Docks and piers are regulated through the Marine (M) zone, which covers all submerged land and partially submerged land up to the mean high tide line. In that zone, floats or dolphins for private pleasure craft are listed as a permitted use, along with boating, swimming and fishing [1]. Piers, docks, boat lifts and similar facilities, and berthing, mooring and landing facilities for boats, are allowed only when a tidelands permit is granted [2]. Because the tidelands permit section requires a permit for all grading and construction in the M zone, confirm with Planning whether a new float needs one. Facilities for yacht and boat clubs also need a tidelands permit, but boat sales, maintenance and haul-outs are not allowed. In the R-2 zone, no building may extend seaward of the R-2/M boundary except as the M zone allows.
Town approval
A tidelands permit is required for all grading and construction in the M zone. The Community Development Director acts on applications that are only repairs or are minor and incidental without significant environmental impact; everything else is referred to the Planning Commission with a conditional use permit [3]. Contiguous neighbors get a courtesy notice. Maintenance of structures already approved by a tidelands permit, emergency flood work, and items the director finds minor or incidental are exempt. The permit expires three years after it takes effect, with no extensions [5].
State and regional permits
Submerged and partially submerged lands are conservation areas subject to both the M zone and the San Francisco Bay Conservation and Development Commission [4], so plan on a BCDC permit as well. The town code doesn't address State Lands Commission leases or federal (Army Corps) permits; see the state rules section.
Size and season
The town code sections we reviewed set no specific length, width or seasonal rules for private docks or floats. Size and design are worked out in the tidelands permit review.
Watercraft
The town bans personal watercraft operation in its shoreline waters (special-use area), which affects jet ski use from a private dock.
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Next steps
- Confirm your shoreline is in the M zone and identify the mean high tide line on your property survey.
- Apply for a tidelands permit (and a conditional use permit if it isn't minor) with the Planning Division, 1505 Tiburon Boulevard, 415-435-7390.
- Contact BCDC about its permit for piers, pilings and floating docks in the Bay.
- Check with the State Lands Commission and the Army Corps of Engineers about leases or federal permits before building.
Common questions
- Can I build a private dock in Tiburon, California?
- Yes, with approvals. Piers, docks, boat lifts and mooring facilities in Tiburon's Marine (M) zone need a town tidelands permit, and bay work is also subject to BCDC.
- Do I need a permit for a boat float in Tiburon, California?
- Floats for private pleasure craft are a permitted use in the M zone, but the town requires a tidelands permit for all construction there, so expect one for a float too.
- What size dock is allowed in Tiburon, California?
- The code sets no specific dock size limits. Projects that aren't minor go to the Planning Commission with a conditional use permit.
- How long does a tidelands permit last in Tiburon, California?
- A tidelands permit expires after 3 years, with no extensions.
California state rules for docks and piers
A private dock or pier often needs several approvals beyond a city building permit.
- State Lands Commission lease: the Commission controls state-owned tidelands and submerged lands and the beds of navigable rivers, lakes and bays (Pub. Res. Code §6301). A private dock or pier on those lands generally needs a lease. The Commission must charge rent for private recreational piers on state lands, based on local fair rental values (§6503.5). In some harbors the Legislature has granted tidelands to a city, county or port district, which manages them instead.
- Coastal development permit: in the coastal zone a dock needs a CDP (§§30106, 30600). On tidelands, submerged lands or public trust lands, the Coastal Commission issues it, even where the city has a certified Local Coastal Program (§30519(b)).
- San Francisco Bay (BCDC): around the Bay you need a permit from the San Francisco Bay Conservation and Development Commission to place fill. Under the McAteer-Petris Act, "fill" includes pilings, structures on pilings, and floating docks moored for long periods (Gov. Code §66632). BCDC's jurisdiction covers the Bay and a 100-foot shoreline band (§66610). The Coastal Act's coastal zone does not include BCDC's area.
- Streams and lakes: work that changes the bed, bank or channel of a river, stream or lake requires notifying the Department of Fish and Wildlife (Fish & Game Code §1602).
- Federal: structures in navigable waters generally need a U.S. Army Corps of Engineers permit.
- Local: many harbors and marinas also require a city or harbor-district permit.
What the ordinance says
- Sec. 16-25.030(A), Municipal Code Ch. 16 Sec. 16-25 Marine Zone, p. 1
Floats or dolphins for private pleasure craft (see article X [definitions]);
- Sec. 16-25.030(B), Municipal Code Ch. 16 Sec. 16-25 Marine Zone, p. 1
The following uses shall be permitted only when a tidelands permit is granted therefore, as provided in section 16-52.080 (tidelands permit). 1. Piers, docks boat lifts and similar facilities;
- Sec. 16-52.080(F), Municipal Code Ch. 16 (Zoning) Sec. 16-52 Permit Review and Decisions (16-52.100 Accessory Dwelling Unit; 16-52.110 Home Occupations; 16-52.080 Tidelands Permit; 16-52.020 Site Plan & Architectural Review), p. 1
The director shall act on tidelands permit applications if the application includes only repair to a structure, or is minor and incidental and without significant environmental impact. Otherwise, the application shall be referred to the commission for consideration with a conditional use permit (section
- Sec. 16-30.100(A), Municipal Code Ch. 16 Sec. 16-30 Standards for All Development (setbacks, 16-30.040 Fences and walls, height, 16-30.100 Submerged lands), p. 1
Wholly submerged lands, and underwater portions of lands that are partially submerged, shall be considered conservation areas subject to the regulations of the M (marine) zone (divison 16-25 ), and of the San Francisco Bay Conservation and Development Commission (BCDC).
- Sec. 16-52.080(H), Municipal Code Ch. 16 (Zoning) Sec. 16-52 Permit Review and Decisions (16-52.100 Accessory Dwelling Unit; 16-52.110 Home Occupations; 16-52.080 Tidelands Permit; 16-52.020 Site Plan & Architectural Review), p. 1
A tidelands permit shall expire and become null and void three years after its effective date, unless vested. No time extensions are permitted.