Gianulias

After appellants George Gianulias and Revolting Development, Inc. began to fill their inundated Solano County land, respon dent San Francisco Bay Conservation and Development Commission (BCDC) filed a complaint for injunctive relief and civil penalties. Appellants City of Vallejo (City) and Vallejo Sanitation and Flood Control District (District) intervened in the action. The trial court enjoined further filling without a permit and fined Gianulias. Gianulias, Revolting Development, the City, and the District appeal. The central issue on appeal is whether BCDC has jurisdiction over lands, now subject to tidal action, that were not so inundated when this agency was established in 1965. (Gov. Code, § 66610.) We find that the lands at issue are subject to BCDC jurisdiction and we affirm the judgment.

I. Facts

White Slough, a tributary of the Napa River, was originally a tidal waterway connected to San Francisco Bay (Bay). In the late part of the last century, lands once within White Slough—including most of the lands at issue in this action—were reclaimed with the construction of a series of dikes and were no longer subject to the Bay’s tidal action. A narrow strip of…