The enforcement provisions of the McAteer-Petris Act authorize the issuance of court-imposed penalties and injunctions, administrative penalties and standardized fines, cease and desist and civil penalty orders, and misdemeanor prosecution of violators.
To deal with violations, highest priority is given to those that involve potential harm to the Bay’s natural resources or failure to provide public access or mitigation required by a BCDC permit. Anyone can report alleged violations to BCDC’s staff for investigation. Permits are routinely monitored to ensure that the conditions of authorization have been met. BCDC staff members conduct site visits to ensure that the public access has been built and maintained as required by permits. Some violations can be resolved by approving unauthorized development after-the-fact. The most serious violations are referred to the Commission’s Enforcement Committee or to the Attorney General’s Office for prosecution. However, the majority of the violations can be resolved at the staff level using the standardized fines provided in BCDC’s regulations. The staff publishes a year-end enforcement chart and bi-monthly chart that summarizes the status of recent enforcement cases.
Enforcement Authority of the Suisun Marsh Preservation Act
The enforcement provisions of the Suisun Marsh Preservation Act authorize the issuance of court-imposed penalties and cease and desist orders.
One of the Commission’s ongoing Strategic Plan goals is to amend the enforcement provisions of the Suisun Marsh Preservation Act to match those of the McAteer-Petris Act, which would allow the Commission to impose administrative civil penalties, issue civil penalty orders and increase the basic court-imposed penalty limit from $5,000 to $30,000
Reporting an Alleged Violation and Assistance with Permit Compliance
Members of the public who want to report an alleged violation should use the following link: report alleged violations.