State Lands leases for permanent facilities, such as outfall culverts, are more complex than those for temporary projects or facilities, like dredging. State Lands leases are customarily limited to 49 years. We completed a lease for a series of culvert outfalls from our tidal wetland restoration project in Fremont into Coyote Creek, an area of State Lands ownership. The lease negotiations were complex as these facilities are expected to be permanent. However, we worked with State lands staff and King & Lyons (our Client) to fashion a solution that met all parties’ needs and received the Lease approval.
The State Lands Commission controls, on behalf of the State’s citizens, all State Lands acquired as part of the original settlement of California. Thus, all rivers, streams, beaches and similar area fall under the jurisdiction of the Commission and dredging these areas requires a lease from State Lands. Port Sonoma owns the Port’s internal waters but due to a shift in the Federal ship channel in the Petaluma River, the Port had to dredge out into the River to connect the Port to the channel. We prepared the lease application, which includes a diverse list of requirements from environmental to title documents, and processed these with State Lands staff, including an appearance at one of their regularly scheduled hearings. The Commission voted unanimously to approve our Lease at no charge to our Client.