Incorporating public access into your project

Planning to build a project along the shoreline? Here’s what you need to know.

The Legislature further finds and declares that…existing public access to the shoreline and waters of the San Francisco Bay is inadequate and that maximum feasible public access, consistent with a proposed project, should be provided.

The McAteer-Petris Act

Types of public access

Public access comes in many forms. Examples include: 

  • Waterfront trails
  • Plazas, picnic areas, and grassy lawns
  • Overlooks and viewing areas
  • Fishing piers
  • Public beaches and boat launches
  • Public art and interpretive panels
  • Views of the Bay
  • Connections between public streets and the water’s edge
  • Free shoreline parking (including accessible parking) 

Public access is for everyone

Public access should provide barrier-free access for people with disabilities, people of all income levels, and people of all ages and cultures. In general, public access to the Bay should be available to the visiting public free of charge.

Incorporating community input into the design is key to creating inclusive public spaces.

How much public access does a project need to provide

State law requires projects in BCDC’s jurisdiction to provide the “maximum feasible public access” consistent with the project.

There is no one-size-fits-all answer for what meets this standard. The amount and type of public access your project needs may depend on various factors, such as:

  • The specific circumstances of the project
  • The project’s impacts to existing public access
  • The public access demand generated by the project

We can help you assess opportunities for public access that meet both legal requirements and practical considerations for the site.

When on-site access isn’t possible

Though uncommon, sometimes providing on-site public access isn’t feasible. This might happen when:

  • It would create safety concerns, like at certain port or industrial facilities
  • It could cause harm to sensitive wildlife and habitat

If this happens, BCDC may accept public access nearby instead (sometimes called “in-lieu” public access).

Maintaining access over time

To protect public access long term, we typically require permittees to: 

  • Permanently guarantee the public access areas
  • Maintain the public access areas in good repair
  • Adapt public access areas to rising sea levels

Public access objectives

BCDC’s public access design guidelines lay out 7 objectives that all projects with public access should meet:

  1. Make public access public
  2. Make public access usable
  3. Provide, maintain, and enhance visual access to the Bay and shoreline
  4. Maintain and enhance the visual quality of the Bay, shoreline, and adjacent developments
  5. Provide connections to and continuity along the shoreline
  6. Take advantage of the Bay setting
  7. Ensure that public access is compatible with wildlife through siting, design, and management strategies

Read our public access design guidelines

Design Review Board (DRB)

Our DRB reviews most projects with a significant public access component. The DRB provides free advice to projects on the adequacy, design, and appearance of the public access. While not required, we highly encourage projects to take advantage of the DRB’s expertise.

  • Some projects may appear before the DRB multiple times as the design develops
  • If you opt for DRB review, we’ll work with you to prepare for the meeting(s)

Learn how the DRB works

Meet with us early

During the pre-application process, we can help you plan public access that works for your project. Topics we may cover include: 

  • Opportunities and challenges for public access at your site
  • Design options, including public access features and concepts
  • Sea level rise adaptation
  • Dedication of public access
  • Incorporating community input
  • BCDC’s Design Review Board (DRB) process and how to prepare for it, if needed
  • Public access exhibits
  • Examples of past permitted projects