California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 3 - Application Procedures › Section 16 - Permit Conditions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  board permit may include and be subject to such reasonable conditions as deemed
				  appropriate by the board, and may include mitigation for effects of the
				  approved activity on the environment.
(b) The permit may require inspection by the
				  board, its officers, or staff before, during, and after construction, and at
				  regular intervals thereafter. The board may charge and collect a reasonable fee
				  from an applicant to recover inspection costs, including staff or consultant
				  time and expenses.
(c) The permit
				  may require a reporting and monitoring program for any mitigation required by
				  the board to avoid significant effects on the environment.
(d) The permit may require the filing with
				  the board of reports and data, including a description of all work done under
				  the approved application. The board may also request in writing at any time any
				  reports or data, even if not expressly stated in a condition to the
				  decision.
(e) The permit shall
				  require that all of the work must be in accordance with the submitted drawings
				  and specifications and accomplished in a professional manner.
(f) The permit may require the owner of an
				  encroachment, or the owner of real property upon which the encroachment is
				  located, to execute and cause to be recorded a document which imposes a
				  covenant, restriction, servitude, or combination thereof, which runs with the
				  land and binds all owners, heirs, successors, lessees, agents, and assigns, and
				  would be enforceable by the board or its successor. This requirement may be
				  imposed where there are particular concerns about permit compliance, such as
				  where there may have been previous permit violations by the applicant or where
				  record notice to successors-in-interest to the applicant or landowner is deemed
				  appropriate.
(g) The permit may
				  require the applicant to provide notice of the continuing flood threat to
				  occupants and potential occupants of property subject to flood risk.
(h) The permit may require additional
				  conditions requested by the Corps and the local maintaining agency.
(i) The permit shall require exercise of
				  reasonable care to operate and maintain any work authorized by the permit to
				  prevent injury or damage to any works necessary to any adopted plan of flood
				  control, or interference with the successful execution, functioning, or
				  operation of any present adopted plan of flood control or future plan. The
				  permittee shall maintain the permitted encroachment and the project works
				  within the utilized area in the manner required by the authorized
				  representative of the department or any other agency responsible for flood
				  control maintenance.
(j) The permit
				  may require the permittee to be responsible for all personal liability and
				  property damage which may arise out of permittee's actions or failure to
				  perform the obligations of the permit. The permittee shall agree to save and
				  hold the state free and harmless from, and to defend and indemnify the state
				  against, any and all claims and liability, including but not limited to,
				  personal injury or property damage arising or claimed to arise, directly or
				  indirectly, from the uses of land pursuant to the permit. The permittee shall
				  agree to release the state from responsibility or liability for any damages
				  that may be caused to the encroachment by operation of the flood control
				  project or from the releases of water from storage reservoirs. The permittee
				  shall also agree to be precluded from receiving state disaster assistance for
				  flood damage to the permitted works, except as provided by a flood insurance
				  policy.
(k) The permit may require
				  that if the work covered by the permit is not commenced within one year after
				  the issuance of the permit, the board may revoke the permit or change any
				  condition in the permit as may be consistent with current flood control
				  standards and policies of the board.
(l) The permit may provide that commencement
				  of work under a permit constitutes an acceptance of the conditions of the
				  permit.
(m) If any of the work does
				  not conform to the conditions of the permit, the permittee, upon the order of
				  the Executive Officer or Chief Engineer, shall, in the manner prescribed, be
				  responsible for the cost and expense to remove, alter, relocate, or reconstruct
				  all or any part of the work.
(n)
				  The permit may require the permittee, at permittee's cost and expense, to
				  remove, alter, relocate, or reconstruct all or any part of the permitted work
				  if the removal, alteration, relocation, or reconstruction is necessary under or
				  in conjunction with any present or future flood control plan or if damaged by
				  any cause.
(o) The permit may
				  require the permittee to mitigate for the hydraulic impacts of the permitted
				  works by reducing or eliminating the additional flood risk to third parties
				  created by the permitted works.
(p)
				  Liability insurance may be required to be provided naming the State and the
				  local maintaining agency performing flood control maintenance as additional
				  insureds.
1. Repealer
					 of article 3 heading, renumbering and amendment of old section
					 16 to new section
					 8, and new section
					 16, including renumbering of old
					 section 22 to new section
					 16(d) filed
					 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see
					 Register 69, No. 25.
2. Amendment of subsection (m) filed 2-15-2012;
					 operative 2-15-2012 pursuant to Government Code section
					 11343.4
					 (Register 2012, No. 7).
Note: Authority cited: Section
						8571, Water
						Code. Reference: Sections
						21002,
						21081
						and
						21081.6,
						Public Resources Code; Sections
						8608 and
						8710, Water
						Code; Title 33, Code of Federal Regulations, Section
						208.10.