reglab/statecodes huggingface dataset:
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Section 492 - Provisions for New Construction or Rehabilitated Landscapes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A local
				agency may designate by mutual agreement, another agency, such as a water
				purveyor, to implement some or all of the requirements contained in this
				ordinance. Local agencies may collaborate with water purveyors to define each
				entity's specific responsibilities relating to this ordinance.
1. New section
				  filed 7-31-92; operative 7-31-92 (Register 92, No. 32).
2. Amendment
				  of section heading, repealer and new section and amendment of NOTE filed
				  9-10-2009; operative 9-10-2009 pursuant to Government Code section
				  11343.4
				  (Register 2009, No. 37).
3. Amendment of section and NOTE filed
				  9-15-2015; operative 9-15-2015. Exempt from OAL review and submitted to OAL for
				  printing only pursuant to Governor's Executive Order No. B-29-15 (4-1-2015)
				  (Register 2015, No. 38).
Note: Authority cited: Section
					 65595,
					 Government Code; and sections
					 11 and
					 30, Governor's Exec. Order No.
					 B-29-15 (April 1, 2015). Reference: Section
					 65596,
					 Government Code; and section
					 11, Governor's Exec. Order No.
					 B-29-15 (April 1, 2015).
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Section 492.1 - Compliance with Landscape Documentation Package

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior
				to construction, the local agency shall:
(1)
				provide the project applicant with the ordinance and procedures for permits,
				plan checks or design reviews;
(2)
				review the Landscape Documentation Package submitted by the project
				applicant;
(3) approve or deny the
				Landscape Documentation Package;
(4) issue a permit or approve the plan check
				or design review for the project applicant; and
(5) upon approval of the Landscape
				Documentation Package, submit a copy of the Water Efficient Landscape Worksheet
				to the local water purveyor.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Section 492.2 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A local
				agency may establish and administer penalties to the project applicant for
				non-compliance with the ordinance to the extent permitted by law.
1. New section
				  filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section
				  11343.4
				  (Register 2009, No. 37).
Note: Authority cited: Section
					 65595,
					 Government Code. Reference: Section
					 65596,
					 Government Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Section 492.3 - Elements of the Landscape Documentation Package

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Landscape Documentation Package shall include the following six (6) elements:
(1) project information;
(A) date
(B) project applicant
(C) project address (if available, parcel
				and/or lot number(s))
(D) total
				landscape area (square feet)
(E)
				project type (e.g., new, rehabilitated, public, private, cemetery,
				homeowner-installed)
(F) water
				supply type (e.g., potable, recycled, well) and identify the local retail water
				purveyor if the applicant is not served by a private well
(G) checklist of all documents in Landscape
				Documentation Package
(H) project
				contacts to include contact information for the project applicant and property
				owner
(I) applicant signature and
				date with statement, "I agree to comply with the requirements of the water
				efficient landscape ordinance and submit a complete Landscape Documentation
				Package".
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Section 492.4 - Water Efficient Landscape Worksheet

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				project applicant shall complete the Water Efficient Landscape Worksheet in
				Appendix B which contains information on the plant factor, irrigation method,
				irrigation efficiency, and area associated with each hydrozone. Calculations
				are then made to show that the evapotranspiration adjustment factor (ETAF) for
				the landscape project does not exceed a factor of 0.55 for residential areas
				and 0.45 for non-residential areas, exclusive of Special Landscape Areas. The
				ETAF for a landscape project is based on the plant factors and irrigation
				methods selected. The Maximum Applied Water Allowance is calculated based on
				the maximum ETAF allowed (0.55 for residential areas and 0.45 for
				non-residential areas) and expressed as annual gallons required. The Estimated
				Total Water Use (ETWU) is calculated based on the plants used and irrigation
				method selected for the landscape design. ETWU must be below the MAWA.
(1) In calculating the Maximum Applied Water
				Allowance and Estimated Total Water Use, a project applicant shall use the ETo
				values from the Reference Evapotranspiration Table in Appendix A. For
				geographic areas not covered in Appendix A, use data from other cities located
				nearby in the same reference evapotranspiration zone, as found in the CIMIS
				Reference Evapotranspiration Zones Map, Department of Water Resources,
				1999.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Section 492.5 - Soil Management Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				order to reduce runoff and encourage healthy plant growth, a soil management
				report shall be completed by the project applicant, or his/her designee, as
				follows:
(1) Submit soil samples to a
				laboratory for analysis and recommendations.
(A) Soil sampling shall be conducted in
				accordance with laboratory protocol, including protocols regarding adequate
				sampling depth for the intended plants.
(B) The soil analysis shall include:
1. soil texture;
2. infiltration rate determined by laboratory
				test or soil texture infiltration rate table;
3. pH;
4. total soluble salts;
5. sodium;
6. percent organic matter; and
7. recommendations.
(C) In projects with multiple landscape
				installations (i.e. production home developments) a soil sampling rate of 1 in
				7 lots or approximately 15% will satisfy this requirement. Large landscape
				projects shall sample at a rate equivalent to 1 in 7 lots.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Section 492.6 - Landscape Design Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
				efficient use of water, a landscape shall be carefully designed and planned for
				the intended function of the project. A landscape design plan meeting the
				following design criteria shall be submitted as part of the Landscape
				Documentation Package.
(1) Plant Material
(A) Any plant may be selected for the
				landscape, providing the Estimated Total Water Use in the landscape area does
				not exceed the Maximum Applied Water Allowance. Methods to achieve water
				efficiency shall include one or more of the following:
1. protection and preservation of native
				species and natural vegetation;
2.
				selection of water-conserving plant, tree and turf species, especially local
				native plants;
3. selection of
				plants based on local climate suitability, disease and pest
				resistance;
4. selection of trees
				based on applicable local tree ordinances or tree shading guidelines, and size
				at maturity as appropriate for the planting area; and
5. selection of plants from local and
				regional landscape program plant lists.
6. selection of plants from local Fuel
				Modification Plan Guidelines.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Section 492.7 - Irrigation Design Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This
				section applies to landscaped areas requiring permanent irrigation, not areas
				that require temporary irrigation solely for the plant establishment period.
				For the efficient use of water, an irrigation system shall meet all the
				requirements listed in this section and the manufacturers' recommendations. The
				irrigation system and its related components shall be planned and designed to
				allow for proper installation, management, and maintenance. An irrigation
				design plan meeting the following design criteria shall be submitted as part of
				the Landscape Documentation Package.
(1)
				System
(A) Landscape water meters, defined as
				either a dedicated water service meter or private submeter, shall be installed
				for all non-residential irrigated landscapes of 1,000 sq. ft. but not more than
				5,000 sq.ft. (the level at which Water Code 535 applies) and residential
				irrigated landscapes of 5,000 sq. ft. or greater. A landscape water meter may
				be either:
1. a customer service meter
				dedicated to landscape use provided by the local water purveyor; or
2. a privately owned meter or
				submeter.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Section 492.8 - Grading Design Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
				efficient use of water, grading of a project site shall be designed to minimize
				soil erosion, runoff, and water waste. A grading plan shall be submitted as
				part of the Landscape Documentation Package. A comprehensive grading plan
				prepared by a civil engineer for other local agency permits satisfies this
				requirement.
(1) The project applicant shall
				submit a landscape grading plan that indicates finished configurations and
				elevations of the landscape area including:
(A) height of graded slopes;
(B) drainage patterns;
(C) pad elevations;
(D) finish grade; and
(E) stormwater retention improvements, if
				applicable.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Section 492.9 - Certificate of Completion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Certificate of Completion (see Appendix C for a sample certificate) shall
				include the following six (6) elements:
(1)
				project information sheet that contains:
(A)
				date;
(B) project name;
(C) project applicant name, telephone, and
				mailing address;
(D) project
				address and location; and
(E)
				property owner name, telephone, and mailing address;
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Section 492.10 - Irrigation Scheduling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
				efficient use of water, all irrigation schedules shall be developed, managed,
				and evaluated to utilize the minimum amount of water required to maintain plant
				health. Irrigation schedules shall meet the following criteria:
(1) Irrigation scheduling shall be regulated
				by automatic irrigation controllers.
(2) Overhead irrigation shall be scheduled
				between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If
				allowable hours of irrigation differ from the local water purveyor, the
				stricter of the two shall apply. Operation of the irrigation system outside the
				normal watering window is allowed for auditing and system
				maintenance.
(3) For implementation
				of the irrigation schedule, particular attention must be paid to irrigation run
				times, emission device, flow rate, and current reference evapotranspiration, so
				that applied water meets the Estimated Total Water Use. Total annual applied
				water shall be less than or equal to Maximum Applied Water Allowance (MAWA).
				Actual irrigation schedules shall be regulated by automatic irrigation
				controllers using current reference evapotranspiration data (e.g., CIMIS) or
				soil moisture sensor data.
(4)
				Parameters used to set the automatic controller shall be developed and
				submitted for each of the following:
(A) the
				plant establishment period;
(B) the
				established landscape; and
(C)
				temporarily irrigated areas.
(5) Each irrigation schedule shall consider
				for each station all of the following that apply:
(A) irrigation interval (days between
				irrigation);
(B) irrigation run
				times (hours or minutes per irrigation event to avoid runoff);
(C) number of cycle starts required for each
				irrigation event to avoid runoff;
(D) amount of applied water scheduled to be
				applied on a monthly basis;
(E)
				application rate setting;
(F) root
				depth setting;
(G) plant type
				setting;
(H) soil type;
(I) slope factor setting;
(J) shade factor setting; and
(K) irrigation uniformity or efficiency
				setting.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Section 492.11 - Landscape and Irrigation Maintenance Schedule

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Landscapes shall be maintained to ensure water use efficiency. A regular
				maintenance schedule shall be submitted with the Certificate of
				Completion.
(b) A regular
				maintenance schedule shall include, but not be limited to, routine inspection;
				auditing, adjustment and repair of the irrigation system and its components;
				aerating and dethatching turf areas; topdressing with compost, replenishing
				mulch; fertilizing; pruning; weeding in all landscape areas, and removing
				obstructions to emission devices. Operation of the irrigation system outside
				the normal watering window is allowed for auditing and system
				maintenance.
(c) Repair of all
				irrigation equipment shall be done with the originally installed components or
				their equivalents or with components with greater efficiency.
(d) A project applicant is encouraged to
				implement established landscape industry sustainable Best Practices for all
				landscape maintenance activities.
1. New section
				  filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section
				  11343.4
				  (Register 2009, No. 37).
2. Amendment of section and NOTE filed
				  9-15-2015; operative 9-15-2015. Exempt from OAL review and submitted to OAL for
				  printing only pursuant to Governor's Executive Order No. B-29-15 (4-1-2015)
				  (Register 2015, No. 38).
Note: Authority cited: Section
					 65595,
					 Government Code; and sections
					 11 and
					 30, Governor's Exec. Order No.
					 B-29-15 (April 1, 2015). Reference: Section
					 65596,
					 Government Code; and section
					 11, Governor's Exec. Order No.
					 B-29-15 (April 1, 2015).
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Section 492.12 - Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				landscape irrigation audits shall be conducted by a local agency landscape
				irrigation auditor or a third party certified landscape irrigation auditor.
				Landscape audits shall not be conducted by the person who designed the
				landscape or installed the landscape.
(b) In large projects or projects with
				multiple landscape installations (i.e. production home developments) an
				auditing rate of 1 in 7 lots or approximately 15% will satisfy this
				requirement.
(c) For new
				construction and rehabilitated landscape projects installed after December 1,
				2015, as described in Section
				490.1:
(1) the project applicant shall submit an
				irrigation audit report with the Certificate of Completion to the local agency
				that may include, but is not limited to: inspection, system tune-up, system
				test with distribution uniformity, reporting overspray or run off that causes
				overland flow, and preparation of an irrigation schedule, including configuring
				irrigation controllers with application rate, soil types, plant factors, slope,
				exposure and any other factors necessary for accurate programming;
(2) the local agency shall administer
				programs that may include, but not be limited to, irrigation water use
				analysis, irrigation audits, and irrigation surveys for compliance with the
				Maximum Applied Water Allowance.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Section 492.13 - Irrigation Efficiency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
				purpose of determining Estimated Total Water Use, average irrigation efficiency
				is assumed to be 0.75 for overhead spray devices and 0.81 for drip system
				devices.
1. New section
				  filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section
				  11343.4
				  (Register 2009, No. 37).
2. Amendment of section and NOTE filed
				  9-15-2015; operative 9-15-2015. Exempt from OAL review and submitted to OAL for
				  printing only pursuant to Governor's Executive Order No. B-29-15 (4-1-2015)
				  (Register 2015, No. 38).
Note: Authority cited: Section
					 65595,
					 Government Code; and sections
					 11 and
					 30, Governor's Exec. Order No.
					 B-29-15 (April 1, 2015). Reference: Section
					 65596,
					 Government Code; and section
					 11, Governor's Exec. Order No.
					 B-29-15 (April 1, 2015).
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Section 492.14 - Recycled Water

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				installation of recycled water irrigation systems shall allow for the current
				and future use of recycled water.
(b) All recycled water irrigation systems
				shall be designed and operated in accordance with all applicable local and
				State laws.
(c) Landscapes using
				recycled water are considered Special Landscape Areas. The ET Adjustment Factor
				for new and existing (non-rehabilitated) Special Landscape Areas shall not
				exceed 1.0.
1. New section
				  filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section
				  11343.4
				  (Register 2009, No. 37).
2. Amendment of section and NOTE filed
				  9-15-2015; operative 9-15-2015. Exempt from OAL review and submitted to OAL for
				  printing only pursuant to Governor's Executive Order No. B-29-15 (4-1-2015)
				  (Register 2015, No. 38).
Note: Authority cited: Section
					 65595,
					 Government Code; and sections
					 11 and
					 30, Governor's Exec. Order No.
					 B-29-15 (April 1, 2015). Reference: Section
					 65596,
					 Government Code; and section
					 11, Governor's Exec. Order No.
					 B-29-15 (April 1, 2015).
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Section 492.15 - Graywater Systems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Graywater systems promote the efficient use of water and are encouraged to
				assist in on-site landscape irrigation. All graywater systems shall conform to
				the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable
				local ordinance standards. Refer to §
									490.1(d) for the
				applicability of this ordinance to landscape areas less than 2,500 square feet
				with the Estimated Total Water Use met entirely by graywater.
1. New section
				  filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section
				  11343.4
				  (Register 2009, No. 37).
2. Renumbering of former section
				  492.15 to
				  492.16, new section
				  492.15 and amendment of NOTE filed
				  9-15-2015; operative 9-15-2015. Exempt from OAL review and submitted to OAL for
				  printing only pursuant to Governor's Executive Order No. B-29-15 (4-1-2015)
				  (Register 2015, No. 38).
Note: Authority cited: Section
					 65595,
					 Government Code; and sections
					 11 and
					 30, Governor's Exec. Order No.
					 B-29-15 (April 1, 2015). Reference: Section
					 65596,
					 Government Code; and section
					 11, Governor's Exec. Order No.
					 B-29-15 (April 1, 2015).
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Section 492.17 - Public Education

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Publications. Education is a critical component to promote the efficient use of
				water in landscapes. The use of appropriate principles of design, installation,
				management and maintenance that save water is encouraged in the community.
(1) A local agency or water supplier/purveyor
				shall provide information to owners of permitted renovations and new,
				single-family residential homes regarding the design, installation, management,
				and maintenance of water efficient landscapes based on a water
				budget.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Section 492.18 - Environmental Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				local agency must comply with the California Environmental Quality Act (CEQA),
				as appropriate.
1. Renumbering
				  of former section
				  492.17 to new section
				  492.18, including amendment of
				  NOTE, filed 9-15-2015; operative 9-15-2015. Exempt from OAL review and
				  submitted to OAL for printing only pursuant to Governor's Executive Order No.
				  B-29-15 (4-1-2015) (Register 2015, No. 38).
Note: Authority cited: Section
					 21082,
					 Public Resources Code; and sections
					 11 and
					 30, Governor's Exec. Order No.
					 B-29-15 (April 1, 2015). Reference: Sections
					 21080
					 and
					 21082,
					 Public Resources Code; and section
					 11, Governor's Exec. Order No.
					 B-29-15 (April 1, 2015).
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Section 493 - Provisions for Existing Landscapes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A local
				agency may by mutual agreement, designate another agency, such as a water
				purveyor, to implement some or all of the requirements contained in this
				ordinance. Local agencies may collaborate with water purveyors to define each
				entity's specific responsibilities relating to this ordinance.
1. New section
				  filed 7-31-92; operative 7-31-92 (Register 92, No. 32).
2. Repealer
				  and new section and amendment of NOTE filed 9-10-2009; operative 9-10-2009
				  pursuant to Government Code section
				  11343.4
				  (Register 2009, No. 37).
3. Amendment of section and NOTE filed
				  9-15-2015; operative 9-15-2015. Exempt from OAL review and submitted to OAL for
				  printing only pursuant to Governor's Executive Order No. B-29-15 (4-1-2015)
				  (Register 2015, No. 38).
Note: Authority cited: Section
					 65595,
					 Government Code; and sections
					 11 and
					 30, Governor's Exec. Order No.
					 B-29-15 (April 1, 2015). Reference: Section
					 65596,
					 Government Code; and section
					 11, Governor's Exec. Order No.
					 B-29-15 (April 1, 2015).
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Section 493.1 - Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This
				section, 493.1, shall apply to all existing landscapes that were installed
				before December 1, 2015 and are over one acre in size.
(1) For all landscapes in 493.1 (a) that have
				a water meter, the local agency shall administer programs that may include, but
				not be limited to, irrigation water use analyses, irrigation surveys, and
				irrigation audits to evaluate water use and provide recommendations as
				necessary to reduce landscape water use to a level that does not exceed the
				Maximum Applied Water Allowance for existing landscapes. The Maximum Applied
				Water Allowance for existing landscapes shall be calculated as: MAWA = (0.8)
				(ETo) (LA) (0.62).
(2) For all
				landscapes in 493.1(a), that do not have a meter, the local agency shall
				administer programs that may include, but not be limited to, irrigation surveys
				and irrigation audits to evaluate water use and provide recommendations as
				necessary in order to prevent water waste.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Section 493.2 - Water Waste Prevention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Local
				agencies shall prevent water waste resulting from inefficient landscape
				irrigation by prohibiting runoff from leaving the target landscape due to low
				head drainage, overspray, or other similar conditions where water flows onto
				adjacent property, non-irrigated areas, walks, roadways, parking lots, or
				structures. Penalties for violation of these prohibitions shall be established
				locally.
(b) Restrictions regarding
				overspray and runoff may be modified if:
(1)
				the landscape area is adjacent to permeable surfacing and no runoff occurs;
				or
(2) the adjacent non-permeable
				surfaces are designed and constructed to drain entirely to
				landscaping.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Section 494 - Effective Precipitation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A local
				agency may consider Effective Precipitation (25% of annual precipitation) in
				tracking water use and may use the following equation to calculate Maximum
				Applied Water Allowance:
MAWA= (ETo - Eppt) (0.62) [(0.55 x LA) + (0.45 x SLA)] for
				  residential areas.
MAWA= (ETo-EPPT) (0.62) [(0.45 x LA) + (0.55 x SLA)] for
				  non-residential areas.
1. Repealer
				  and new section; new NOTE and new Appendices A-C filed 9-10-2009; operative
				  9-10-2009 pursuant to Government Code section
				  11343.4
				  (Register 2009, No. 37).
2. Amendment of section and NOTE filed
				  9-15-2015; operative 9-15-2015. Exempt from OAL review and submitted to OAL for
				  printing only pursuant to Governor's Executive Order No. B-29-15 (4-1-2015)
				  (Register 2015, No. 38).
Note: Authority cited: Section
					 65595,
					 Government Code; and sections
					 11 and
					 30, Governor's Exec. Order No.
					 B-29-15 (April 1, 2015). Reference: Section
					 65596,
					 Government Code; and section
					 11, Governor's Exec. Order No.
					 B-29-15 (April 1, 2015).
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Section 495 - Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Local
				agencies shall report on implementation and enforcement by December 31, 2015.
				Local agencies responsible for administering individual ordinances shall report
				on their updated ordinance, while those agencies developing a regional
				ordinance shall report on their existing ordinance. Those agencies crafting a
				regional ordinances shall also report on their new ordinance by March 1, 2016.
				Subsequently, reporting for all agencies will be due by January 31st of each
				year. Reports shall be submitted to the Department of Water
				Resources.
(b) Local agencies are
				to address the following:
(1) State whether
				you are adopting a single agency ordinance or a regional agency alliance
				ordinance, and the date of adoption or anticipated date of adoption.
(2) Define the reporting period. The
				reporting period shall commence on December 1, 2015 and the end on December 28,
				2015. For local agencies crafting regional ordinances with other agencies,
				there shall be an additional reporting period commencing on February 1, 2016
				and ending on February 28, 2016. In subsequent years, all local agency
				reporting will be for the calendar year.
(3) State if using a locally modified Water
				Efficient Landscape Ordinance (WELO) or the MWELO. If using a locally modified
				WELO, how is it different than MWELO, is it at least as efficient as MWELO, and
				are there any exemptions specified?
(4) State the entity responsible for
				implementing the ordinance.
(5)
				State number and types of projects subject to the ordinance during the
				specified reporting period.
(6)
				State the total area (in square feet or acres) subject to the ordinance over
				the reporting period, if available.
(7) Provide the number of new housing starts,
				new commercial projects, and landscape retrofits during the reporting
				period.
(8) Describe the procedure
				for review of projects subject to the ordinance.
(9) Describe actions taken to verify
				compliance. Is a plan check performed; if so, by what entity? Is a site
				inspection performed; if so, by what entity? Is a post-installation audit
				required; if so, by whom?
(10)
				Describe enforcement measures.
(11)
				Explain challenges to implementing and enforcing the ordinance.
(12) Describe educational and other needs to
				properly apply the ordinance.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Appendix B - Sample Water Efficient Landscape Worksheet

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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				  here to view image
1. New
				  Appendix B filed 9-10-2009; operative 9-10-2009 pursuant to Government Code
				  section
				  11343.4
				  (Register 2009, No. 37).
2. Repealer and new Appendix B filed
				  9-15-2015; operative 9-15-2015. Exempt from OAL review and submitted to OAL for
				  printing only pursuant to Governor's Executive Order No. B-29-15 (4-1-2015)
				  (Register 2015, No. 38).
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7 - Model Water Efficient Landscape Ordinance › Appendix A - Reference Evapotranspiration (Eto) Table

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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				  here to view image
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California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7.1 - Flood Protection Corridor Program of the Costa-Machado Water Act of 2000 › Section 497.1 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) These
				regulations implement Sections
				79035 through
				79044, and
				79044.9 in Article 2.5 of Chapter
				5 of Division 26 of the Water Code, which Division is the Costa-Machado Water
				Act of 2000. They establish a process for funding acquisition of property
				rights and related activities for flood protection corridor projects undertaken
				by the Department of Water Resources directly or through grants to local public
				agencies or nonprofit organizations.
(b) The Flood Protection Corridor Program is
				statewide in scope. Within the geographic scope of the CALFED Bay-Delta
				Program, funds in the subaccount for this program shall be used for projects
				that, to the greatest extent possible, are consistent with the CALFED long-term
				plan identified in the Programmatic Record of Decision of August 28,
				2000.
1. New chapter
				  2.7.1 (sections
				  497.1-497.12) and section filed
				  8-19-2003; operative 8-19-2003 pursuant to Government Code section
				  11343.4
				  (Register 2003, No. 34).
Note: Authority cited: Sections
					 8300,
					 12580 and
					 79044.9, Water
					 Code; 2000 Cal. Stat. Ch. 52, Item No. 3860-101-6005; 2001 Cal. Stat. Ch. 106,
					 Item No. 3860-001-0001, Provision 3; and 2002 Cal. Stat. Ch. 379, Item No.
					 3860-101-6005. Reference: Sections
					 79037,
					 79043,
					 79044 and
					 79044.9, Water
					 Code
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7.1 - Flood Protection Corridor Program of the Costa-Machado Water Act of 2000 › Section 497.3 - Program Management Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department selects, approves, funds, and monitors
				  projects funded by grants under the program. The process of managing the
				  program includes these steps:
(a) The
				Department shall appoint and maintain a Project Evaluation Team composed of
				Department staff and other consulting governmental agencies. The Department may
				request consultation with any appropriate government agency, including but not
				limited to the Department of Conservation, the Department of Fish and Game, the
				Department of Food and Agriculture, the Office of Emergency Services, and the
				CALFED Bay-Delta Program.
(b) Local
				public agencies or nonprofit organizations qualified under Section
				497.4 may apply for program grants
				for projects at such times as the Department may designate. Applications for
				proposed projects shall be submitted in response to a solicitation issued by
				the Department. As long as uncommitted funds remain available to fund new
				projects, the Department shall solicit proposals at least once per calendar
				year. The time period for submitting applications shall be 90 days from the
				date notice is given by the Department that project proposals are being
				solicited. Notices shall be provided to cities, counties, flood control
				districts, reclamation districts, and other local government entities that
				manage flood plains and flood control projects. The Department will also
				provide notice to nonprofit organizations with interest in flood management
				issues, and shall send notice to all individuals and organizations that have
				requested notice of the opportunity to submit applications. Notices may be
				given by mail, electronic mail, website posting, or any other method that
				provides easy access and prompt availability. Projects shall meet the
				requirements of Section
				497.5. Applications shall meet the
				requirements of Section
				497.7.
(c) The Project Evaluation Team shall review
				each application and evaluate the subject project within 60 days of the close
				of the specified submittal period, or within 60 days of receipt of requested
				additional information, whichever is later.
(d) The Project Evaluation Team shall notify
				the Department to request the applicant to provide additional information
				within 30 days of the Department's request if:
(1) The project appears potentially eligible
				but is missing information needed to evaluate the merits of the project,
				or
(2) Additional information is
				needed to evaluate the merits of the project in comparison to others
				received.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7.1 - Flood Protection Corridor Program of the Costa-Machado Water Act of 2000 › Section 497.4 - Qualifications of Applicants; Disbursement of Program Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				applicant for grant funds for a project may be a local public agency, a
				nonprofit organization, or an organization representing more than one local
				public agency or nonprofit organization. On approval of the application and
				granting of funds, such organization may remain a sponsor, or may transfer such
				approval to another eligible organization to sponsor the project, subject to
				concurrence from the Department.
(b) The Department may perform projects using
				program funds, or may transfer program funds to other State agencies to perform
				projects pursuant to an interagency agreement.
(c) The Department may participate with local
				agencies, nonprofit organizations, other State agencies, and federal agencies
				in performing projects. The Department shall not award grants to participants
				in such projects, but shall contribute program funds directly for payment of
				its share of the costs.
1. New section
				  filed 8-19-2003; operative 8-19-2003 pursuant to Government Code section
				  11343.4
				  (Register 2003, No. 34).
Note: Authority cited: Sections
					 8300,
					 12580 and
					 79044.9, Water
					 Code. Reference: Section
					 79037(a),
					 Water Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7.1 - Flood Protection Corridor Program of the Costa-Machado Water Act of 2000 › Section 497.5 - Eligible Projects and Priorities for Grant Funding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Grant
				funding will be available for projects that:
(1) Meet or will meet statutory requirements,
				as follows:
(A) The California Conservation
				Corps or community conservation corps is used when feasible (Water Code Section
				79038(b)).
(B) No proposed acquisitions of property
				interests for the purpose of protecting or enhancing flood protection corridors
				while preserving or enhancing agricultural use are fee interests unless the
				Department has considered all practical alternatives (Water Code Section
				79039(a)).
(C) All proposed acquisitions of property
				interests are from willing sellers (Water Code Section
				79040).
(D) If the project includes acquisitions of
				property interests, it also includes a plan to minimize the impact on adjacent
				landowners (Water Code Section
				79041).
(E) If the project includes acquisitions of
				property interests, a public hearing has been held or will be held before
				acquiring the property interest (Water Code Section
				79042).
(F) The applicant certifies that it can
				maintain the project, using a trust fund established with grant funds if
				necessary (Water Code Section
				79044).
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7.1 - Flood Protection Corridor Program of the Costa-Machado Water Act of 2000 › Section 497.6 - Priority Lists and Criteria for Setting Project Priority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Department shall establish two priority lists of projects after each
				solicitation of proposals. The preferred list (A List) will contain those
				projects qualifying for highest priority in Section
				497.5(b), and the
				reserve list (B List) all other projects qualified under Section
				497.5(a). Within
				those lists, the Department will prioritize projects on a project value derived
				from a numeric evaluation of applications as set forth in the grant application
				form.
(b) To assist in evaluating
				individual project applications, the Department may consult with the applicant,
				interested stakeholders, local agencies, State agencies or federal agencies
				with an interest in or jurisdiction over any of the items listed in Subsection
				(c).
(c) In establishing the
				project value, the Department will consider the criteria in Sections IV, V and
				VI of the grant application form, giving approximately equal weight to each
				section.
1. New section
				  filed 8-19-2003; operative 8-19-2003 pursuant to Government Code section
				  11343.4
				  (Register 2003, No. 34).
Note: Authority cited: Sections
					 8300,
					 12580 and
					 79044.9, Water
					 Code. Reference: Section
					 79038(a),
					 Water Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7.1 - Flood Protection Corridor Program of the Costa-Machado Water Act of 2000 › Section 497.7 - Application for Grant Funding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applicants for grant funding under the program shall file a
				  complete grant application with the Department including a grant application
				  form. The Department shall not revise the grant application form during any
				  period in which project proposals are being solicited. A complete application
				  shall contain the completed grant application form and at least the following
				  information:
(a) A description of the
				proposed project including:
(1) A statement of
				the problem being addressed.
(2) A
				discussion of the ways that the project addresses the problem and satisfies the
				purposes described in Section
				497.5(a)(2).
(3) A description of the project
				approach.
(4) A discussion of the
				expected outcome and benefits of the project.
(5) A description of the geographic
				boundaries of the project.
(6)
				Verification that the project is located at least partially in one of the
				qualifying areas listed in Section
				497.5(a)(3).
(7) A description and justification of any
				proposed use of program funds for flood control system or water system repairs
				performed as part of an easement program or a project developed or financed
				under the program (Water Code Section
				79043).
(8) A demonstration that the project is
				technically feasible.
(9) A
				hydrologic and hydraulic analysis prepared by a civil engineer registered
				pursuant to California law or a Professional Hydrologist-Surface Water
				certified by the American Institute of Hydrology.
(10) A complete initial study environmental
				checklist as required by Section
				15063(f), Title
				14, California Code of Regulations, and if available, a completed Environmental
				Impact Report or other environmental documentation as required by
				CEQA.
(11) A list of required
				permits for the project and an implementation plan for their
				procurement.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7.1 - Flood Protection Corridor Program of the Costa-Machado Water Act of 2000 › Section 497.8 - Public Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Public hearings for projects shall conform to the
				  following:
(a) The Department shall
				hold public hearings for all projects requiring acquisition of property rights,
				prior to acquisition of those rights, and may hold public hearings for other
				projects as it deems advisable.
(b)
				Hearings shall be held in the county or one of the counties where the project
				is located. If all or a portion of the project is in a municipality, the
				hearing shall be held in the municipality or one of the municipalities where
				the project is located.
(c) The
				Department shall give notice of the hearing in accordance with the following:
(1) Notice shall be given by mail at least 10
				days before the hearing to the Board of Supervisors of the affected county or
				counties, adjacent landowners, affected water districts, local municipalities,
				individuals and organizations that have requested notice, and other interested
				parties as determined by the Department.
(2) Notice of the hearing shall be given to
				the general public by publication in at least one newspaper of general
				circulation in the local community for at least once a week for two successive
				weeks.
(3) The notice shall set the
				time and place of the hearing which shall be not less than 10 days following
				the completion of publication. The notice shall state that the purpose of the
				hearing is to inform and obtain comment from the public on the proposed
				acquisition of property rights for the project or projects. The notice may
				include other specific subjects pertaining to the project.
(4) Additionally, notice may be circulated by
				electronic mail, web site posting or other methods that provide easy access and
				prompt availability.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7.1 - Flood Protection Corridor Program of the Costa-Machado Water Act of 2000 › Section 497.10 - Progress Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				sponsor shall submit project progress reports to the Department that include
				the following:
(1) Records of
				expenditures.
(2) Description of
				project activities since the previous report.
(3) Status of the project relative to the
				progress schedule.
(4) Key issues
				that must be resolved.
(5) Results
				of project monitoring.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7.1 - Flood Protection Corridor Program of the Costa-Machado Water Act of 2000 › Section 497.11 - Maintenance Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The sponsor shall provide a maintenance plan satisfactory to
				  the Department that shall include:
(a)
				A description of the facilities and properties to be maintained.
(b) The name of the maintaining
				agency.
(c) A description of
				periodic maintenance activities that will be performed, and the frequency and
				timing of performance.
(d) A
				statement about the source of funds for the maintenance. If a trust fund is
				established for maintenance under the provisions of Water Code Section
				79044, the
				statement shall include information about the expected sufficiency of the trust
				fund proceeds and the need for and source of additional funding.
(e) A certification under penalty of perjury
				that the sponsor can pay for maintenance of the land to be acquired and the
				project facilities from funds available to the sponsor, including any trust
				fund proceeds.
(f) A provision
				requiring the sponsor to provide annual pictorial reports to the Department
				each year between July 1 and July 15, describing the maintenance activities
				performed during the year and any maintenance problems that currently
				exist.
(g) A provision that the
				sponsor assures that the maintenance measures or repairs that the Department
				deems necessary will be promptly taken or made.
1. New section
				  filed 8-19-2003; operative 8-19-2003 pursuant to Government Code section
				  11343.4
				  (Register 2003, No. 34).
Note: Authority cited: Sections
					 8300,
					 12580 and
					 79044.9, Water
					 Code. Reference: Sections
					 79044(a)
					 and
					 79044(b),
					 Water Code.