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California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 8 - Standards › Section 116 - Borrow and Excavation Activities-Land and Channel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  removal of earthen material and related activities within the limits of an
				  adopted plan of flood control are subject to the provisions of this division.
				  The board may limit borrow and excavation activities based on the area's
				  hydraulics, hydrology, sediment transport, and history of the borrow sites. The
				  board may waive specific requirements for borrow or excavation activities if
				  the permittee provides detailed studies which the board considers sufficient to
				  justify the waiver.
Borrow and excavation activities maya be allowed if:
(1) The activity will not cause an unplanned
				  change of the stream's location;
(2) The sediment transport downstream will
				  not change in a manner that produces or tends to produce increased flood or
				  erosion problems in the area; and
(3) The activity is consistent with the
				  overall flood control objectives for the area.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 8 - Standards › Section 117 - Supplemental Borrow Standards for the Yuba River

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Additional borrow standards have been established for the
					 removal of material from the floodway of the Yuba River. These additional
					 standards supplement and, where in conflict with, supersede standards in
					 section 116, Borrow and Excavation
					 Activities - Land and Channel.
(a)
				  Material may not be removed within three hundred (300) feet of the centerline
				  of project and local levees of the Yuba River.
(b) Material may not be removed within three
				  hundred (300) feet of the perimeter of any bank or levee protection
				  work.
(c) Between Daguerre Point
				  Dam and Cenedella Bend (River Mile 4.1), material may not be removed within one
				  thousand five hundred (1,500) feet of the top of the banks of the Yuba
				  River.
(d) The elevation of the
				  bottom of the borrow area nearest the bank of the river may be no lower than
				  ten (10) feet above the normal low-water elevation of the Yuba River (see Graph
				  8.1).
(e) Existing borrow pits or
				  depressions between the levee and three hundred (300) feet landward of the
				  levee centerline and adjacent to a proposed borrow area must be backfilled to
				  within twenty (20) feet vertically of the levee crown by the permittee of the
				  proposed borrow area. The backfill must be placed in the ratio of one (1) cubic
				  yard placed in the low areas to ten (10) cubic yards removed from the
				  floodway.
(f) Material may not be
				  removed from the area between nine hundred (900) feet upstream of the Southern
				  Pacific Railroad bridge and the confluence of the Yuba and Feather Rivers.
Click
					 here to view image
1. New
					 section and graphic 8.1 filed 9-30-96; operative 10-30-96 (Register 96, No.
					 40).
Note: Authority cited: Section
						8571, Water
						Code. Reference: Sections
						8608,
						8609 and
						8710, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 8 - Standards › Section 118 - Supplemental Borrow Standards for the Lower San Joaquin River Flood Control Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An additional borrow standard has been established for the
					 removal of material from the floodways of the Lower San Joaquin River Flood
					 Control Project. The additional standard supplements and, where in conflict
					 with, supersedes standards in section
					 116, Borrow and Excavation
					 Activities - Land and Channel. The supplemental standard requires that all berm
					 excavations must connect to the channel, and the bottom of berm excavations
					 must be sloped to drain away from the levee.
1. New
					 section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
Note: Authority cited: Section
						8571, Water
						Code. Reference: Sections
						8608 and
						8710, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 8 - Standards › Section 119 - Dams and Related Structures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Dams and structures that act as dams constructed in the channels of
				  intermittent streams must meet the following criteria:
(1) A study shall be submitted to the board
				  confirming that the installation of a dam will not increase flooding outside of
				  the floodway or increase flood damages to third parties in the
				  floodway.
(2) Erosion control may
				  be required on the bank or levee slopes upstream and downstream of the proposed
				  dam.
(3) Earthfill, including sand,
				  and rockfill dams must be completely removed from the floodway prior to the
				  beginning of flood season each year and may not be reinstalled prior to the end
				  of flood season. (See Table 8.1.)
(4) All stanchions must be removed or
				  lowered, and all flashboards and slide gates of a dam must be removed from the
				  floodway prior to the beginning of flood season each year and may not be
				  reinstalled prior to the end of flood season. (See Table 8.1.)
(5) The permittee must remove or lower all
				  stanchions and must remove the flashboards and slide gates of a dam within
				  twenty-four (24) hours after receiving written notification from the
				  board.
(6) The permittee must
				  remove an earthfill or rockfill dam within ninety-six (96) hours after
				  receiving written notification from the board.
(7) Upon removal of an earthfill or rockfill
				  dam, the material from the dam may not be stockpiled on the levee section or
				  within the floodway.
(8) The
				  permittee must provide warning signs upstream and downstream of a rockfill dam
				  to protect boaters.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 8 - Standards › Section 121 - Erosion Control

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Quarry stone, cobblestone, or their equivalent may be used for erosion control
				  along rivers and streams if the material meets the criteria below. Typical
				  sections delineating methods of placement and dimensions of revetment using
				  rock and sacked concrete are shown in Figures 8.02 and 8.03.
(1) Bedding materials must be placed under
				  the stone protection at locations where the underlying soils require such
				  material for stabilization, considering such factors as tidal fluctuation, wave
				  action, and streamflow velocity.
(2) Cobblestone protection must be placed on
				  prepared slopes of three (3) feet horizontal to one (1) foot vertical or
				  flatter.
(3) Cobblestone
				  protection, having acceptable cobblestone gradations, may be used where
				  streamflow velocities ten (10) feet from the bank do not exceed eight (8) feet
				  per second.
(4) Quarry stone
				  protection must be placed on prepared slopes steeper than three (3) feet
				  horizontal to one (1) foot vertical.
(5) Quarry stone protection, meeting required
				  gradations and sizes, may be used at locations where streamflow velocities ten
				  (10) feet from the bank do not exceed twelve (12) feet per second.
(6) Required gradations of cobblestone and
				  quarry stone are as follows:
Cobblestone
Quarry
								stone
Stone
								Size
Percent
								Passing
Stone
								Size
Percent
								Passing
15 "
100
15 "
100
10 "
55 to 95
8 "
80 to 95
8 "
35 to 65
6 "
45 to 80
6 "
10 to 35
4 "
15 to 45
3 "
1 to 5
2 "
0 to 15
(7)
				  Graded cobblestone and quarry stone must be placed in a manner which avoids
				  segregation.
(8) Where streamflow
				  velocities ten (10) feet from the bank exceed twelve (12) feet per second,
				  special cobble or quarry stone gradation is required. Flow retarding
				  structures, such as retards, wing dams, and rock groins may be permitted at
				  these high streamflow velocity sites.
(9) Alternative bank protection materials may
				  be permitted by the board. Possible alternatives include but are not limited
				  to: sacked concrete; broken concrete free of projecting steel; reinforced
				  concrete; precast concrete cribbing; and stone-filled gabion baskets.
(10) Broken concrete used for levee revetment
				  may be no larger than sixteen (16) inches at its maximum dimension.
(11) Asphalt or other petroleum-based
				  products may not be used as fill or as erosion control on a levee section or
				  within a floodway.
(12) The minimum
				  thickness of revetment is eighteen (18) inches perpendicular to the bank or
				  levee slope below the usual water surface and twelve (12) inches above the
				  usual surface.
(13) Revetment must
				  be uniformly placed and properly transitioned into the bank, levee slope or
				  adjacent revetment.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 8 - Standards › Section 122 - Irrigation and Drainage Ditches, Tile Drains, and Septic Systems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Irrigation ditches, drainage ditches, and similar facilities must satisfy the
				  following criteria:
(1) All ditches must be
				  located at least ten (10) feet from the levee toe.
(2) The bottom of any agricultural ditch must
				  be located above the projected levee slope. Accordingly, a deep ditch may need
				  to be located farther than the minimum ten (10) feet from the levee toe. (See
				  Figure 8.01.)
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 8 - Standards › Section 123 - Pipelines, Conduits, and Utility Lines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  following definitions apply to this section:
(1) Delta Lowlands. "Delta Lowlands" means
				  those lands within the Sacramento-San Joaquin Delta that are approximately at
				  the five- (5) foot contour and below as shown in Figure 8.04.
(2) Delta Uplands. "Delta Uplands" means
				  those lands within the Sacramento-San Joaquin Delta that are above the five-
				  (5) foot contour as shown in Figure 8.04.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 8 - Standards › Section 124 - Abandoned Pipelines and Conduits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Abandoned pipelines, conduits, and all appurtenances (such as pumps,
				  standpipes, or positive closure structures) that are located within a levee
				  section, within the projected levee section, or within ten (10) feet of the
				  levee toes shall be completely removed, when practical, and disposed of outside
				  the floodway.
(1) When the invert of an
				  abandoned pipeline or conduit within a levee is above the design flood plane
				  elevation, the pipeline or conduit must be removed.
(2) An abandoned pipeline or conduit located
				  within one (1) foot of the surface of the levee slope shall be
				  removed.
(3) When the invert of an
				  abandoned pipeline or conduit within a levee is six (6) feet or less below the
				  design flood plane elevation, the board may require the removal of the pipeline
				  or conduit.
(4) The side slopes of
				  an excavation to remove an abandoned pipeline or conduit from within a levee
				  must be one (1) foot horizontal to one (1) foot vertical or flatter.
(5) After any pipeline, conduit, or
				  appurtenance is removed from a levee, approved backfill shall be keyed into the
				  levee section with each lift and compacted in four- (4) to six- (6) inch layers
				  with a relative compaction of not less than ninety (90) percent, per ASTM
				  D1557-91, dated 1991, which is incorporated by reference and above optimum
				  moisture content.
(6) Compaction
				  tests by a certified soils laboratory will be required to verify compaction of
				  backfill within a levee or within the projected levee
				  section.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 8 - Standards › Section 125 - Retaining Walls

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Retaining walls within an adopted plan of flood control must comply with the
				  following requirements:
(1) Retaining walls
				  greater than three (3) feet in height must be designed by a licensed civil
				  engineer.
(2) Retaining walls may
				  be of reinforced concrete, concrete gravity section, or of equivalent material
				  and durability.
(3) Retaining walls
				  in the landside levee slope must have appropriate features that intercept
				  seepage and prevent particle migration.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 8 - Standards › Section 126 - Fences and Gates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Fences within a floodway, on a levee, or near a levee must conform to the
				  following:
(1) Fences, walls, and similar
				  structures are permitted within floodways if they do not obstruct floodflows or
				  cause the accumulation of debris that would obstruct floodflows.
(A) Fences firmly anchored and constructed
				  parallel to the streamflow are normally permitted.
(B) Fences not parallel to the streamflow
				  shall be designed and constructed to not adversely affect stages and
				  velocities.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 8 - Standards › Section 127 - Boating Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  standards for construction of wharves, piers, docks, boat houses, ramps, and
				  similar boating facilities, are as follows:
(1) Boat ramps may not be cut into the levee
				  section, but may be cut into a berm or placed on a fill.
(2) Boating facilities must be properly
				  anchored to prevent breakaway during floodflows. Acceptable anchoring methods
				  are as follows:
(A) Driven piling must meet
				  the following criteria:
(i) Timber piles must
				  be a minimum of twelve (12) inches in diameter and must be pressure
				  treated.
(ii) The elevation of the
				  top of each pile must be a minimum of two (2) feet above the design flood
				  plane.
(B) Concrete
				  deadmen must meet the following criteria:
(i)
				  The concrete deadman must be of sufficient size to restrain the boating
				  facility and be a minimum of one (1) cubic yard of concrete.
(ii) The concrete deadman must be attached to
				  the floating facility with a steel cable, or equivalent, of sufficient size to
				  restrain the facility.
(3) All appurtenant facilities, including
				  utilities and walkways, installed on or through a levee section to provide
				  service to wharves, piers, or docks, must conform to the appropriate section of
				  the standards.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 8 - Standards › Section 129 - Water, Oil, and Gas Wells

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Water wells and any appurtenant structures must be located a minimum distance
				  of ten (10) feet from a levee toe.
(b) Oil wells, gas wells, and any appurtenant
				  structures must be located a minimum distance of thirty-five (35) feet from a
				  levee toe.
(c) Access roads,
				  foundation pads, and stockpiled excavated material within a floodway are
				  normally limited to an elevation of three (3) feet above the natural ground.
				  However, if it is determined by the board that such facilities constructed to
				  the normal elevation would have an adverse effect on the flood- carrying
				  capacity of the floodway, the allowable elevation shall be lower.
(d) Structures and fencing at well sites
				  within the floodway are not permitted without approved hydraulic studies
				  demonstrating that the proposed structure or fence would not impair the
				  floodway.
(e) Permits for water
				  wells require that a survey monument and a permanent bench mark must be
				  installed at the waterside levee toe, as near to the well site as practical, to
				  serve as a vertical control to monitor subsidence.
1. New
					 section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
Note: Authority cited: Section
						8571, Water
						Code. Reference: Sections
						8608,
						8609 and
						8710, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 8 - Standards › Section 130 - Patrol Roads and Access Ramps

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  following definitions apply to this section:
(1) Access Ramps - "Access Ramps" mean those
				  ramps that provide access to the levee crown from adjacent property and
				  roads.
(2) Patrol Roads - "Patrol
				  Roads" means those roads that provide vehicular access along levee crowns and
				  flood channels for inspection, maintenance, and flood
				  fighting.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 8 - Standards › Section 131 - Vegetation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  following definitions apply to this section:
(1) Oversize levee. "Oversize levee" means a
				  levee which encompasses the minimum oversized levee cross-section which has a
				  width of thirty (30) feet at design freeboard elevation and standard levee
				  slopes. (See Figure 8.10.)
(2)
				  Standard size levee. "Standard size levee" means a levee which does not meet
				  the requirements for an oversize levee.
(3) Standard levee slopes. "Standard levee
				  slopes" means the landside levee slope is two (2) horizontal feet to one (1)
				  vertical foot and the waterside levee slope is three (3) horizontal feet to one
				  (1) vertical foot.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 8 - Standards › Section 132 - Bicycle Trails

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) It
				  is the board's policy to permit the construction of paved and unpaved bicycle
				  trails by public agencies on levees and within floodways under the board's
				  jurisdiction, provided that the flood control purpose of the floodway
				  facilities remains primary. Bicycle trails must meet the following general
				  conditions:
(1) Where feasible, the bicycle
				  trail must be located off of the levee.
(2) Repair or replacement of the bicycle
				  trail that is damaged during an emergency flood fight procedure, routine
				  maintenance, or any required improvement activity within an adopted plan of
				  flood control must be made by, and at the sole expense of, the permittee or in
				  accordance with an agreement for maintenance between the permittee and a public
				  agency.
(3) The board and the local
				  flood control maintaining agency retain the right to temporarily close the
				  bicycle trail for improvement, maintenance, or during emergency flood fight
				  activities.
(4) Bicycle trails
				  within an adopted plan of flood control must be maintained to a level safe for
				  bicycle traffic and acceptable to the local flood control maintaining agency
				  and the Department of Water Resources.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 8 - Standards › Section 133 - Supplemental Standards for Control of Residential Encroachments in Reclamation District 1000

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These standards apply only to the construction,
					 reconstruction, or repair of dwellings and associated improvements on the left
					 bank waterward berm and waterward levee slope of the Sacramento River between
					 levee miles 0.00 and 18.60, Unit 1, Reclamation District 1000. These standards
					 supplement and, where in conflict with, supersede the standards in section
					 111 through section
					 137. While these standards are not
					 specifically for commercial construction, in general, the principles in this
					 section will apply to commercial development.
(a) The owner or permittee must maintain the
				  waterward slope of the levee and the utilized area within the floodway of the
				  Sacramento River in the manner required by Reclamation District 1000 or any
				  other agency responsible for maintenance.
(b) The area between the waterward levee
				  shoulder and the riverbank may be filled, provided the fill does not extend
				  more than one hundred fifty (150) feet waterward from the centerline of the
				  levee crown.
(c) Within the area
				  located between the waterward levee shoulder and a point sixty-five (65) feet
				  waterward from the centerline of levee, the following conditions apply:
(1) Where the area is less than one (1) foot
				  above the design flood plane, driveways and ramps may be constructed at any
				  orientation to the levee.
(2) Where
				  the area is less than one (1) foot above the design flood plane, fences
				  parallel to the levee must be an open type and constructed to provide for the
				  unobstructed visual inspection of the levee slope and toe from the levee crown
				  roadway.
(3) Where the entire area
				  is at least one (1) foot above the design flood plane, no restrictions apply to
				  fences, walls, and similar structures.
(4) Elevated walkways and driveways are
				  permitted without elevation restrictions.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 8 - Standards › Section 134 - Supplemental Standards for the Yuba River-Daguerre Point Dam to Confluence with the Feather River

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These standards are for dwellings and structures within the
					 Yuba River floodway between Daguerre Point Dam and the confluence with the
					 Feather River. These standards supplement and, where in conflict with,
					 supersede the standards in sections
					 111 through
					 137.
(a) The following definition applies to this
				  section:
(1) Permanent Dwelling - "Permanent
				  Dwelling" means a dwelling that may be occupied throughout the
				  year.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 8 - Standards › Section 135 - Supplemental Standards for Butte Basin

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The standards apply to Butte Basin, as delineated on Figure
					 8.12 and partitioned into designated Areas B, C, D, E, and Reclamation District
					 1004. The basin's west boundary is the Sacramento River east bank project
					 levee, and above the Ord Ferry area where there is no project levee, the
					 boundary is the designated floodway of the Sacramento River adopted November
					 29, 1988. The east boundary is based on the wetted area of the 1970 flood. The
					 north boundary is the Sacramento River designated floodway in the proximity of
					 Murphy Slough and Golden State Island, and the south boundary is the Sacramento
					 River between the city of Colusa and the Butte Slough outfall gates, a section
					 of the Butte Slough levee in both Colusa and Sutter Counties, and Pass Road in
					 Sutter County. These standards supplement and, where in conflict with,
					 supersede the standards in section
					 111 through section
					 137.
(a) Approval from the board is required for
				  any encroachment that could reduce or impede floodflows, or would reclaim any
				  of the floodplain within Butte Basin.
(1)
				  Encroachments in Reclamation District 1004 are not regulated by the
				  board.
(2) The supplemental
				  standards do not apply to that portion of Area E located north of the
				  Butte-Sutter County line and its extension westward into Colusa County, and
				  situated adjacent to the Sacramento River project levee where the natural
				  ground level is higher than the 100-year flood elevation.
(3) Except where the activity would
				  potentially affect a project levee or other project feature, the standards
				  within sections
				  116,
				  122,
				  123,
				  124,
				  126,
				  127,
				  129,
				  130,
				  131,
				  132, and
				  137 do not apply to that portion
				  of Area E located south of the Butte-Sutter County line and its extension
				  westward into Colusa County.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 8 - Standards › Section 136 - Supplemental Standards for Yolo Bypass and Sutter Bypass

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is the board's policy to permit agricultural land use
					 and the development of suitable wetlands within the Yolo Bypass and Sutter
					 Bypass. The supplemental standards protect the flood control functions of the
					 Yolo and Sutter Bypasses, safeguard existing agricultural land use, and control
					 the development of proposed wetlands.
(a) Final detailed plans for all
				  construction, grading and planting must be submitted to and approved by the
				  board prior to the start of work.
(b) A detailed operation and maintenance plan
				  must be submitted to and approved by the board prior to the start of
				  work.
(c) A profile of the existing
				  levee crown roadway and access ramps that will be utilized for access to and
				  from the construction area must be submitted to the board prior to the start of
				  work.
(d) Any damage to the levee
				  crown roadway or access ramps attributable to the construction or maintenance
				  of croplands or wetlands must be promptly repaired by the permittee.
(e) The planting of vegetation or the
				  impoundment of water is not permitted within one thousand (1,000) feet of the
				  Fremont Weir structure.
(f) The
				  planting of vegetation or the impoundment of water shall not be permitted in
				  any area where there could be an adverse hydraulic impact.
(g) Irrigated and nonirrigated pastures and
				  croplands are allowed without permit from the board when consistent with the
				  board's flowage easements.
(h) The
				  planting of vegetation is generally permitted for the development of native
				  marsh, riparian vegetation, and wetlands.
(i) Rooted vegetation and aquatic beds of
				  floating (nonrooted) or submerged vegetation are generally permitted to be
				  established in ponded water.
(j)
				  The depth of ponded water must be controlled to prevent the growth of
				  unauthorized vegetation that could adversely affect the operation of the flood
				  control project.
(k) No permanent
				  berms or dikes are permitted above natural ground elevation without a detailed
				  hydraulic analysis except where otherwise expressly provided for in
				  reservations contained in easement deeds to the Sacramento and San Joaquin
				  Drainage District.
(l) Required
				  maintenance may include removal, clearing, thinning, and pruning of all
				  vegetation directly or indirectly resulting from the permitted
				  project.
1. New
					 section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
Note: Authority cited: Section
						8571, Water
						Code. Reference: Sections
						8608 and
						8710, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 8 - Standards › Section 137 - Miscellaneous Encroachments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following standards are to be used as a guide in making
					 application to the board for miscellaneous encroachments. Not all possible
					 miscellaneous encroachments, the number being unlimited, are listed. Those
					 listed are typically the type proposed by residents within an adopted plan of
					 flood control, and those necessary because of governmental requirements.
(a) Tanks used for storage of water or other
				  liquids are not permitted within a levee section or within ten (10) feet of the
				  levee toe. If placed within the floodway, or if placed in the projected levee
				  section and within twenty-five (25) feet of the levee toe, a permit is
				  required.
(b) Landside water
				  retention basins must be located outside of the projected levee section and a
				  minimum distance of twenty- five (25) feet from the levee toe plus any
				  additional distance that may be determined to be required to control
				  seepage.
(c) Steps for access on
				  levee slopes must conform to the following criteria:
(1) Steps must be constructed of material
				  resistant to deterioration. Acceptable materials include, but are not limited
				  to, concrete, masonry, stone, pressure treated lumber, iron, and
				  steel.
(2) Steps constructed on the
				  waterward levee slope must be properly anchored to prevent movement during high
				  water.
(3) Excavation in the levee
				  slope made for the construction of steps may not exceed twelve (12) inches in
				  depth.
(4) Steps must be
				  constructed flush with the levee slope.
(5) Handrails are not permitted on steps if
				  they interfere with levee maintenance unless they are required by
				  law.
(6) Handrails, where permitted
				  on waterward levee slopes, shall be designed to give way when subjected to
				  debris loading.
(7) The permittee
				  is responsible for the maintenance of steps and handrails.
(8) Revetment on a levee slope or streambank
				  that is destroyed or disturbed during the construction of steps must be
				  restored to its original condition by the permittee.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 8 - Standards › Section 138 - Identification of Limits of Flood Control Works

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  board may identify the limits of the adopted plan of flood control or flood
				  control works for purposes of establishing the area within the board's
				  jurisdiction that it actively regulates when:
(1) The point of intersection of the levee
				  slope and natural ground cannot readily be determined, therefore, the existing
				  levee toe cannot otherwise be defined in accordance with Title 23 Cal Code
				  Regs. Section
				  4(s).
(2) Features or facilities are proposed to be
				  added that may interfere with the integrity or proper functioning of the
				  adopted plan of flood control.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 9 - Regulations for Implementation of the California Environmental Quality Act › Section 190 - Purpose and Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations are adopted by The Reclamation Board
					 pursuant to Public Resources Code section
					 21082
					 to implement, interpret, and make specific those provisions of the California
					 Environmental Quality Act which supplement the requirements of the regulations
					 promulgated by The Secretary of the Resources Agency (Title 14, California Code
					 of Regulations, commencing with Section
					 15000, hereinafter referred to as
					 the "CEQA Guidelines").
1. New
					 article 9 (sections
					 190 through
					 193) and section filed 9-30-96;
					 operative 10-30-96 (Register 96, No. 40).
Note: Authority cited: Section
						21082,
						Public Resources Code; Section
						8571, Water
						Code. Reference: Section
						21082,
						Public Resources Code.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 9 - Regulations for Implementation of the California Environmental Quality Act › Section 191 - Incorporation of California Environmental Quality Act Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  CEQA Guidelines are hereby incorporated by reference as if fully set forth in
				  this subchapter.
(b) The words used
				  in this subchapter have the same meaning given them in the CEQA Guidelines,
				  unless the context clearly requires a different meaning.
1. New
					 section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
Note: Authority cited: Section
						21082,
						Public Resources Code; Section
						8571, Water
						Code. Reference: Section
						21082,
						Public Resources Code.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 9 - Regulations for Implementation of the California Environmental Quality Act › Section 192 - Fees for Preparation of Negative Declaration or EIR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  board may charge and collect a reasonable fee from an applicant proposing a
				  project for which the board must prepare an environmental impact report (EIR)
				  or initial study and negative declaration. The fee will be an amount which will
				  cover the costs incurred by the board or the department in preparing such EIR
				  or initial study or negative declaration, and for procedures necessary to
				  comply with CEQA.
(b) Where the
				  board will charge a fee for the preparation of an EIR or initial study and
				  negative declaration, it shall collect a deposit as provided in Section
				  503 of this title which is
				  incorporated by reference.
(c) The
				  board shall separately account for the deposit collected and the charges
				  thereto. The status of the account shall be provided to the project proponent
				  at regular periodic intervals established by mutual agreement. A final
				  accounting shall be rendered by the board after the final EIR or negative
				  declaration is considered and adopted or when the environmental review is
				  otherwise terminated.
(d) If the
				  final accounting shows that the deposit exceeds the actual costs incurred by
				  the board, the excess shall be refunded. If the actual costs exceed the amount
				  of the deposit, the project proponent shall be billed and pay the
				  difference.
(e) The board may
				  adjust or waive deposits or fees for minor projects.
1. New
					 section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
Note: Authority cited: Section
						21082,
						Public Resources Code; Section
						8571, Water
						Code. Reference: Section
						21089,
						Public Resources Code.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 9 - Regulations for Implementation of the California Environmental Quality Act › Section 193 - Categorically Exempt Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In compliance with the requirements of the CEQA Guidelines,
					 the following list of categorically exempt activities of the board has been
					 established. This list is subject to the limitations on categorical exemptions
					 set forth in the provisions of the state CEQA Guidelines. This list does not
					 preclude categorical exemptions for other activities pursuant to CEQA or the
					 CEQA Guidelines.
(a) Class 1 consists
				  of operation, maintenance, or minor alteration of the following facilities
				  where there is negligible or no expansion beyond that previously existing:
(1) Project works and related
				  facilities;
(2) Nonproject levees
				  and related facilities;
(3) Other
				  flood control works which are the statutory responsibility of the department or
				  which are the responsibility of the department as a "maintenance
				  area;
(4) Flood control works of
				  agencies with which the board has a local cooperation agreement, local cost
				  sharing agreement or similar agreement;
(5) Existing
				  encroachments.
California Code of Regulations › Title 23 - Waters › Division 1.5 - General Provisions › Article 1 - General Provisions › Section 200 - Purpose of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations are adopted as an aid to carrying out the
				  provisions of the Cobey-Alquist Flood Plain Management Act. Recognizing that
				  flood plain regulations are justified only in areas subject to flood hazard,
				  the Department or the Board shall construe neither these regulations nor the
				  Act as requiring restrictions on the use of lands which are not subject to such
				  flood hazard.
1. New Chapter
				  1.5 (§§
										200-203,
				  211-215,
				  220-222,
				  230-233,
				  240-242) filed 5-2-67 by
				  Department of Water Resources and Reclamation Board jointly on 5-2-67;
				  effective thirtieth day thereafter (Register 67, No. 18).
Note: Authority cited for joint filing of new Chapter 1.5
					 by Department of Water Resources and Reclamation Board: Section
					 8415, Water
					 Code. Reference: Sections
					 8400 et seq., Water Code.
California Code of Regulations › Title 23 - Waters › Division 1.5 - General Provisions › Article 1 - General Provisions › Section 202 - Official Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Official records of the Department or Board may not be taken
				  from the custody thereof, but access thereto and inspection thereof will be
				  permitted during regular office hours and copies will be made and certified as
				  required, the expense thereof to be borne by the person requiring the
				  same.
California Code of Regulations › Title 23 - Waters › Division 1.5 - General Provisions › Article 1 - General Provisions › Section 203 - Filing Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Order of
				  Repeal filed 6-3-85 by OAL pursuant to Government Code Section
				  11349.7;
				  effective thirtieth day thereafter (Register 85, No. 26).
California Code of Regulations › Title 23 - Waters › Division 1.5 - General Provisions › Article 2 - Notification of Need for Regulations › Section 211 - Purpose of Article

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article outlines the procedure that the Department and
				  the Board will follow to notify public agencies to establish necessary flood
				  plain regulations.
1. Amendment
				  filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 34).
California Code of Regulations › Title 23 - Waters › Division 1.5 - General Provisions › Article 2 - Notification of Need for Regulations › Section 212 - Notification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Public agencies will be notified of prospective requirements
				  for regulations as soon as the Department or Board is informed that a federal
				  agency has initiated a study for flood control. The sequence of notification is
				  described in the following sections.
California Code of Regulations › Title 23 - Waters › Division 1.5 - General Provisions › Article 2 - Notification of Need for Regulations › Section 213 - Corps of Engineers' Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Corps of Engineers notifies the Department and the Board
				  when it schedules a public hearing to determine local opinion regarding an
				  anticipated flood control study. The Department or the Board will have a
				  representative at the hearing who will explain the Act and possible
				  requirements for flood plain regulations.
(a) If the public hearing demonstrates
				support for a study, and if the Corps of Engineers decides to proceed and
				issues a notice of initiation of investigation to all interested agencies, the
				public agency or agencies will be notified by letter of the existence of the
				Cobey-Alquist Flood Plain Management Act, and copies of these regulations will
				be transmitted for their guidance.
(b) When the report of the Corps of Engineers
				is transmitted to the Congress favorably recommending a project and its
				authorization, or when the final project report on a small flood control
				project is approved by the Chief of Engineers, the Department or Board will
				send a final letter to the public agency. The final letter will advise that
				necessary regulations must be established within one year if the proposed
				project is to be eligible for state financial assistance for the costs of
				lands, easements, and rights-of-way.
1. Amendment
				  of subsections (a) and (b) filed 8-20-74; effective thirtieth day thereafter
				  (Register 74, No. 34).
2. Order of Repeal of subsection (c) filed
				  6-3-85 by OAL pursuant to Government Code Section
				  11349.7;
				  effective thirtieth day thereafter (Register 85, No. 26).
California Code of Regulations › Title 23 - Waters › Division 1.5 - General Provisions › Article 2 - Notification of Need for Regulations › Section 214 - Soil Conservation Service Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applications for planning watershed protection and flood
				  prevention projects (Public
				  Law 83-566 projects) are approved by the State
				  Resource Conservation Commission and the Administrator of the Soil Conservation
				  Service. At the time the State Resource Conservation Commission considers an
				  application, a Department or Board representative will appear to explain the
				  act.
(a) When the Department or Board
				is informed that the Commission and the Administrator of the Soil Conservation
				Service have approved a study for planning, the Department or the Board will
				notify the public agency by letter similar in form to the notification
				prescribed by Section
				213(a)
				above.
(b) When the final report of
				the Soil Conservation Service is submitted to the Congress for authorization,
				or in the instance of a small watershed project, when the plan is approved by
				the State Conservationist of the Soil Conservation Service, a letter similar in
				form to the notification prescribed by Section
				213(b) above will
				be sent to the public agency.
1. Amendment
				  filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 34).
California Code of Regulations › Title 23 - Waters › Division 1.5 - General Provisions › Article 2 - Notification of Need for Regulations › Section 215 - Flood Plain Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department or Board shall review the flood plain
				  regulations established by the public agency to determine if they meet the
				  provisions of the act.
(a) When the
				Department or Board determines that the established flood plain regulations
				meet the provision of the act, the public agency will be notified by
				letter.
(b) When the Department or
				Board determines that the established regulations do not meet the provisions of
				the act, the local agency shall within 180 days of receipt of notice from the
				Department or Board adopt new flood plain regulations and send a copy thereof
				to the Department or Board.
(c) If
				the public agency fails to adopt flood plain regulations pursuant to Sections
				213 and
				214 above, or if the flood plain
				regulations do not meet the provisions of the act and the public agency fails
				to adopt new flood plain regulations within 180 days of receipt of the
				Department's or Board's notice or fails to adopt or modify such regulations as
				recommended by the Department or Board within 90 days of receipt of a second
				notice, the Department or Board shall request the flood control agency having
				jurisdiction over the project to adopt flood plain regulations to meet the
				provisions of the act. The flood control agency must then adopt satisfactory
				flood plain regulations within two years of the date of the final letter
				(Section 213(b)) to the
				public agency or within 180 days after it is first empowered by Section
				8414 of the act to adopt such
				regulations, as a condition for state financial grants for costs of lands,
				easements and rights-of-way.
1. Repealer
				  and new section filed 8-20-74; effective thirtieth day thereafter (Register 74,
				  No. 34).
California Code of Regulations › Title 23 - Waters › Division 1.5 - General Provisions › Article 2 - Notification of Need for Regulations › Section 216 - Notification of Noncompliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the appropriate public agency fails to establish the
				  necessary flood plain regulations within the times prescribed in he act, the
				  Department or Board shall notify the public agency by letter that it did not
				  comply with the provisions of the act.
1. New section
				  filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 34).
Note: Authority cited: Section
					 8400 et seq., Water Code.
California Code of Regulations › Title 23 - Waters › Division 1.5 - General Provisions › Article 3 - Types of Regulations › Section 220 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Flood plain regulations established by a public agency
				  pursuant to Water Code Section
				  8411 need be
				  applied only to the designated floodway. Such regulations may take various
				  forms so long as they accomplish the purposes intended by the act. Exemplary,
				  not exclusive, acceptable regulations are the following:
(a) Flood plain zoning ordinances.
(b) Grading or setback ordinances.
(c) Ordinances controlling subdivision
				development.
(d) Ownership in the
				public agency of necessary flood control rights-of-way encompassing the
				designated floodway.
1. Amendment
				  filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 34).