California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 2 - Definitions and Delegations › Section 5 - Delegations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  the purposes of this division, all permitting duties of the board, including
				  but not limited to the review and approval of encroachment permit applications
				  and administrative permit revocations pursuant to sections
				  28 and
				  28.1 are hereby delegated to the
				  Executive Officer, with the exception of the following:
(1) Permits or other approvals that
				  significantly affect any element of the State Plan of Flood Control or other
				  adopted plan of flood control. Encroachments that do not significantly affect
				  any element of the State Plan of Flood Control or other adopted plan of flood
				  control are defined in subsection (b).
(2) Permits or other approvals for which the
				  board has not received written comments from the U.S. Army Corps of Engineers
				  pursuant to 33 C.F.R.
				  section 208.10 or for which approval is
				  required by the South Pacific Division or Headquarters of the U.S. Army Corps
				  of Engineers, where the U.S. Army Corps of Engineers has
				  jurisdiction.
(3) Permits or other
				  approvals which may create, in the judgment of the Executive Officer or Chief
				  Engineer, more than a de minimus hydraulic impact to an adopted plan of flood
				  control, including, for example, an increase in water surface elevation, a
				  reduction of adequate freeboard, inability to convey design discharge,
				  alteration of flow velocities or directions, increased scour, or expansion of
				  the geographical floodplain or floodway inundation.
(4) Permits or other approvals which may
				  have, in the judgment of the Executive Officer or Chief Engineer, adverse
				  geotechnical impacts to an adopted plan of flood control, including but not
				  limited to increases in under seepage or through seepage, slope-stability
				  issues, increased phreatic pressures, and static or dynamic loading that exceed
				  recommended thresholds.
(5) Permits
				  or other approvals for which a formal written protest has been filed pursuant
				  to Section
				  12.
(6) Permits or other approvals which require
				  a variance, as defined in Section
				  11.
(7) Permits or other approvals in which the
				  maintaining agency has not endorsed the application pursuant to Section
				  7.
(8) Permits or other approvals which, in the
				  judgment of the Executive Officer, may be controversial matters, based on
				  substantial public concern, or for which the Executive Officer has received
				  substantial negative public comment.
(9) Permits or other approvals which, in the
				  judgment of the Executive Officer, may involve significant policy
				  considerations.
(10) Permits or
				  other approvals requiring the preparation of an environmental impact report by
				  the board.
(11) Permits or other
				  approvals involving residential developments, as defined in Section
				  113.
(12) Permits or other approvals involving
				  surface mining except extensions of time for existing
				  operations.