Guaranteeing public access

Learn about the legal instruments BCDC permits typically require to ensure the public’s rights to public access areas. 

What do we require?

When the Commission approves a permit, projects must usually ensure that public access remains available to the public on a permanent basis.

Permittees typically meet this requirement in one of three ways:

  • Placing a deed restriction on the public access areas
  • Granting an easement to a third party
  • Transferring ownership of the access areas to a public agency at no cost

Sample form to deed restrict public access areas

Why do we require dedication?

Whenever public access is required for a project, we require permittees to dedicate the portions of their property for public access based on Bay Plan Public Access Policy 7, which states:

“Whenever public access to the Bay is provided as a condition of development, on fill or on the shoreline, the access should be permanently guaranteed. This should be done wherever appropriate by requiring dedication of fee title or easements at no cost to the public […].”

How do we document dedicated public access areas?

Our permits include exhibits (i.e., attachments) showing the public access areas and amenities that a project must provide. The public access exhibits show:

  • Areas that will be dedicated

  • View corridors

  • Areas that will not be dedicated but will be usable by the public

  • Private areas of the site

Best practices for public access exhibit(s)
 

When a permit requires dedicated/guaranteed public access, the permit will also require the permittee to prepare a legal instrument that provides public notice of the public access dedication/guarantee. The instrument:

  • Must be sufficient for recordation in the county in which the project is located

  • Is subject to review by BCDC’s legal counsel