Section 40 Of Chapter 1. General Provisions And Definitions From California Harbors And Navigation Code >> Division 1. >> Chapter 1.
40
. Facilities in harbors and connecting waterways established
under the provisions of this division shall be open to all on equal
and reasonable terms; provided that the department may authorize
construction of separate facilities and reasonable allocations within
the same harbor for separate use by commercial and recreational
vessels, and project funding may not be denied solely on the basis
that such separate facilities and allocations for such separate use
within the same harbor is required by a regulatory agency so long as
such requirement is determined by the director, after consultation
with the affected regulatory agencies, to be reasonable.