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Frequently Asked Questions

What is the Commission’s jurisdiction?

The California State Lands Commission (Commission) has jurisdiction and management control over certain public lands of the State that were received by the State from the United States.  These lands are of two distinct types - sovereign and school lands.

Sovereign Lands - When California became a state in 1850, it acquired approximately four million acres of land underlying the State’s navigable and tidal waterways.  Known as sovereign lands, these lands include the beds of California’s navigable rivers, lakes and streams, as well as the state’s tide and submerged lands along the State’s more that 1,100 miles of coastline and offshore islands from the mean high tide line to three nautical miles offshore. 

The Commission holds its sovereign lands for the benefit of all the people of the State, subject to the Public Trust for water related commerce, navigation, fisheries, recreation, open space and other recognized Public Trust uses.  The Commission maintains a multiple use management policy to assure the greatest possible public benefit is derived from these lands.  The Commission will consider numerous factors in determining whether a proposed use of the State's land is appropriate, including, but not limited to, consistency with the Public Trust under which the Commission holds the State's sovereign lands.  Applicants are advised that the Commission is under no obligation to approve any application submitted to it.  The Commission may approve, condition, or deny any application, based upon the above referenced factors or other issues raised during the application review process.

School Lands - Lands that remain of the nearly 5.5 million acres throughout the state originally granted to California by Congress in 1853 to benefit public education.  Many of the school land parcels have been sold; however, the state retains fee ownership of approximately 470,000 acres and also retains the mineral rights to an additional 790,000 acres.  Management of the school lands is split between two Commission divisions, the Land Management Division (LMD) and the Mineral Resources Management Division (MRMD).  The LMD is responsible for the surface management program under which all surface resources on school lands, with the exception of mineral activities, are administered.  The MRMD is responsible for the geothermal, mineral and oil and gas programs, which involves the leasing of school lands for various mining activities and geothermal, oil and gas development.

How do I know if I need a lease or other authorization from the Commission?

If you are planning on building upon or otherwise occupying any lands described above, such activity may be within the Commission’s jurisdiction.  The best course of action is to call or submit an inquiry to the Commission.  The Commission’s address is:

California State Lands Commission
100 Howe Avenue Suite 100 South
Sacramento, CA 95825-8202

Leasing information (916) 574-1940

Upon receipt of an inquiry about the proposed use of State lands, the Commission's Title Unit reviews its files and information submitted to determine the extent of the State's property interest in the project site.  If staff determines that the proposed project is within the Commission’s jurisdiction, you will be advised and an application must be submitted.  No project can proceed until the Commission has considered and taken action on the application. 

What are the costs?

Each applicant is required to pay the Commission's costs of processing the application.  Each applicant, at the time of filing an application, is required to submit a Filing Fee and the appropriate Minimum Expense Deposit as set forth below.  Each applicant will also be asked to execute a reimbursement agreement to cover the total cost of processing the application, including environmental processing.  The Minimum Expense Deposits listed below are based upon typical Commission costs to process routine, uncomplicated transactions, and may not cover the total cost of processing all applications.

A.    Filing Fee.   Same fee required of all applicants.    $ 25.00
B.    Minimum Expense Deposits for Processing Fees.  Use the chart below to determine the deposit required for your project.

TRANSACTION DEPOSIT
MINIMUM EXPENSE
(a) Commercial Lease (New)
$17,500.00
(b) Industrial Lease (New)
$25,000.00
(c) Right of Way 
$  2,500.00
(d) Public Agency Lease/Permit 
$  3,000.00
(e) Recreational Pier Lease
$  1,000.00
(f)  Protective Structure
$  2,500.00
(g) Grazing or other Agricultural Lease
$  2,500.00
(h) Dredging Lease
$  1,500.00
(i)  Lake Tahoe Trust Inspections 
$  1,000.00
(j) Consent to Encumber Leasehold 
$  1,000.00
(k) Assignment not involving amendment of Lease 
$  1,000.00
(l) Amendment of Lease to accommodate Lessee 
$  2,000.00
(m) Sublease Approval
$  1,500.00
(n) Most other transactions not listed herein
$  1,500.00

In addition to the above listed application processing fees, the Commission may require reimbursement of its costs in providing other services associated with processing applications for leases.  These services include but are not limited to:

1.    Processing environmental documents;
2.    Review of environmental documents by the California Department of Fish and Game (See Fish and Game Code Section 711.4);
3.    Advertising or public notification;
4.    Duplicating or certifying papers;
5.    Searching records or ordering title reports;
6.    Processing archaeological, biological or other necessary surveys;
7.    Appraisals;
8.    Monitoring compliance with environmental mitigation requirements of lease;
9.    Lease management, including rent reviews, compliance with lease terms, etc; or
10.  Engineering Review

Upon receipt of an application form and a determination by staff of estimated costs to process the application, an applicant will be provided a reimbursement agreement to assure recovery by the Commission of the total cost to process the application for the use of State land. 

What kind of environmental review is required?

The issuance by the Commission of any lease, permit or other entitlement for use of State lands is reviewed for compliance with the provisions of the California Environmental Quality Act (CEQA).  The CEQA may be found in the California Public Resources Code (PRC), sections 21000 et seq., which provisions are complemented by the State CEQA Guidelines, California Code of Regulations, Title 14, sections 15000 et seq.  No proposed project will be considered by the Commission until the requirements of the CEQA have been satisfied.  Additionally, if the application involves lands found to contain "Significant Environmental Values" within the meaning of PRC section 6370 et seq., consistency of the proposed use with the identified values must also be determined through the CEQA review process.  Pursuant to its regulations, the Commission may not issue a lease for use of "Significant Lands" if such proposed use is detrimental to the identified values.

Most leases or other entitlements for use of State lands may require approvals from other federal, State or local agencies.  On many proposed projects the Commission is the Lead Agency under the CEQA (the public agency with the principal responsibility for carrying out or approving a project) and is therefore responsible for preparing the environmental documentation appropriate to each project.

How do I get started?

You may call the Commission at (916) 574-1940.  Your call will be directed to a staff person assigned to the geographic location of your project.  This staff person can assist you in determining if the project is within the Commission’s jurisdiction or advise you of what information or materials will be necessary to make a determination.  If it appears that is likely that a lease or other authorization would be required, this person can also assist you in completing the application.

California Relay Services:
From TTY Phone 1-800-735-2929
From Voice Phone 1-800-735-2922