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HomeHarbors and Navigation CodeDiv. 8General ProvisionsCh. 1Art. 2§ 5838 Harbor Improvement Discretion

§ 5838 Harbor Improvement Discretion

Harbors and Navigation Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 5838 Harbor Improvement Discretion

This law says the local board (like the board of supervisors or harbor commission) doesn't have to do exactly what a petition asks for or spend the amount the petition says; they can change the work or the cost.

Key Takeaways

  • •The board isn’t forced to follow the exact work described in a petition.
  • •It can choose a different amount or type of work.
  • •It can set its own cost estimate and include any extra expenses.

Example

A neighborhood group petitions for a $2 million waterfront walkway and lists specific features they want.

The board can decide to build a shorter walkway for $1.5 million or add different features, and they set a new cost estimate and any extra expenses themselves.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 5838 Harbor Improvement Discretion

Neither the board of supervisors or the harbor commission, if one exists, is bound by the improvement or development work described in the petition, or by the estimated cost set forth, but it may find that other, different, or less amount of improvement or development work should be done, and find the estimated cost and the incidental expenses. (Enacted by Stats. 1937, Ch. 368.)

Last verified: January 11, 2026

Key Terms

board of supervisorsharbor commissionimprovement or development workestimated costincidental expenses

Related Statutes

  • § 5840 Harbor District Formation Requirements
  • § 5859 Harbor District Boundary Determination
  • § 5835 Harbor Improvement Feasibility Review
  • § 5837 Harbor Commission Approval Process
  • § 5839 Harbor Improvement Petition Approval

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Harbors and Navigation Code. Section 5838.
View Official Source