(a) An area that would fall within the Commission's jurisdiction only as the result of the natural destruction of a man-made works, such as a dike, levee, or other similar tidal control structure, shall remain excluded from the Commission's jurisdiction: (i) for a period ending one year after the event or occurrence causing the natural destruction of a man-made works if the affected property owner completes the repairs of the destruction within one year of the event or occurrence; or (ii) if the affected property owner gives the Commission written notice within one-hundred and eighty (180) days of the event or occurrence causing the natural destruction of a man-made works and provides an estimate of the time that will be required to complete the repairs of the destruction that exceeds one year after the event or occurrence causing such natural destruction, for such longer period as may be specified by Commission resolution based upon its finding that repairs of the destruction could not physically be completed within one year after the event or occurrence causing such natural destruction; and

(b) An area that would fall within the Commission's “San Francisco Bay” jurisdiction or within its “certain waterways” jurisdiction shall be and remain excluded from the Commission's jurisdiction if it could, on and at all times subsequent to September 17, 1965, have been removed from being touched by tidal waters by simply closing a functioning tidal gate.