reglab/statecodes huggingface dataset:
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 13.2 - Evidentiary Hearings Before a Hearing Officer or Committee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  board President may designate a hearing officer or board committee to conduct
				  evidentiary hearings.
(b) The
				  provisions regarding evidentiary hearings provided for in Sections
				  13 and
				  13.1 of the regulations shall
				  apply to hearings before an appointed hearing officer or committee except that
				  the term "board" or "Board President" or "President" shall refer to the
				  "hearing officer or committee."
(c)
				  At the conclusion of a hearing by a designated hearing officer or committee,
				  the hearing officer or committee shall draft proposed findings and a decision.
(1) The proposed findings and decision, along
				  with any evidence admitted at the hearing, shall be transmitted to the board as
				  soon as reasonably possible following the hearing. The board may only consider
				  the proposed findings and decision on consent if there is no
				  objection.
(2) The decision on the
				  matter shall not become final until the board approves or rejects the hearing
				  officer or committee's proposed findings and decision. The board's review of
				  the hearing officer or committee's proposed findings and decision does not
				  re-open the hearing and no new evidence shall be submitted unless allowed by
				  the board President.
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 13.3 - Consent Calendar

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Unless otherwise provided in this Article, the procedures set forth in Article
				  3 of these regulations pertaining to permit applications, including staff
				  reports, staff recommendations, resolutions, and voting, shall apply to the
				  consent calendar procedure.
(b) Any
				  matter for which there are no speakers in opposition, including permit matters,
				  may be placed on the board's consent calendar in accordance with Section
				  13.3, unless one of the following
				  occurs to remove the item from the consent calendar:
(1) Upon request by the applicant, any member
				  of the public, or any board member;
(2) When any interested party files a written
				  protest conforming to the requirements of section
				  12 and requests a
				  hearing;
(3) When approval requires
				  a variance to the board's standards;
(4) Upon the board's own
				  motion.
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 14 - Board Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  board shall act upon applications within the following time limits:
(1) When the board is the lead agency
				  pursuant to CEQA and an environmental impact report is prepared, it shall
				  approve or disapprove a project within six months from the date of the
				  certification of the environmental impact report.
(2) When the board is the lead agency and a
				  negative declaration is adopted or if the project is exempt from CEQA, the
				  board shall approve or disapprove a project within three months from the date
				  of the adoption of the negative declaration.
(3) When the board is a responsible agency
				  for a project that has been approved by the lead agency, it shall either
				  approve or disapprove the project within whichever is the longer:
(A) Within one-hundred-eighty (180) calendar
				  days of the date on which the lead agency has approved the project;
				  or
(B) Within one-hundred-eighty
				  (180) calendar days of the date on which the application is deemed
				  complete.
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 15 - Bases for Denial of Permit Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board may deny a permit for any of the following
					 reasons:
(a) If the proposed work
				  could:
(1) Jeopardize directly or indirectly
				  the physical integrity of levees or other works;
(2) Obstruct, divert, redirect, or raise the
				  surface level of design floods or flows, or the lesser flows for which
				  protection is provided;
(3) Cause
				  significant adverse changes in water velocity or flow regimen;
(4) Impair the inspection of floodways or
				  project works;
(5) Interfere with
				  the maintenance of floodways or project works;
(6) Interfere with the ability to engage in
				  floodfighting, patrolling, or other flood emergency activities;
(7) Increase the damaging effects of flood
				  flows; or
(8) Be injurious to, or
				  interfere with, the successful execution, functioning, or operation of any
				  adopted plan of flood control.
(9)
				  Adversely affect the State Plan of Flood Control, as defined in the Water
				  Code.
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 17 - Emergencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  existing levee, conforming existing encroachment, or permitted encroachment may
				  be protected or strengthened in case of emergency during flood season, as
				  specified in section
				  112, where there is imminent
				  danger of injury to persons, loss of life, or destruction of
				  property.
(b) Any person conducting
				  emergency work shall immediately notify the local maintaining agency and the
				  board through the Executive Officer or Chief Engineer.
(c) For the purpose of this section, the term
				  "emergency" includes any lawfully declared emergency, or any circumstance
				  determined to be an emergency by the Executive Officer or Chief
				  Engineer.
(d) In an emergency, the
				  Executive Officer may issue a temporary permit. A completed application with
				  proper plans, cross sections, completed environmental assessment questionnaire,
				  and any other necessary information required by section
				  8 of this article must be
				  submitted to the board within thirty (30) calendar days following the date of
				  the commencement of emergency work.
(e) All emergency work is subject to
				  subsequent approval of the board, and the board may require its removal or
				  alteration if not approved.
(f) The
				  board or the Executive Officer may impose reasonable conditions, pursuant to
				  section 16, on its approval of any
				  emergency work.
1.
					 Renumbering and amendment of old section
					 17 to new section
					 19 and new section filed 9-30-96;
					 operative 10-30-96 (Register 96, No. 40). For prior history, see Register 69,
					 No. 25.
2. Amendment 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
						8715,
						8716,
						8717 and
						8718, Water
						Code.
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 18 - Revisions in Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  plan of work approved by the board may be changed or altered only with the
				  consent of the board prior to the time of commencement or during progress of
				  the work. A request for an amendment to a plan of work must be in the same form
				  as an original application or in a form acceptable to the Chief
				  Engineer.
(b) Minor, insubstantial
				  changes may be made in plans without the submission of a written request for an
				  amendment; however, the permittee shall first notify the Chief Engineer of any
				  change before commencing work on any changed work. A minor, insubstantial
				  change must be one that is essentially consistent with the application or
				  permit, consistent with board standards, and does not pose a threat to the
				  adopted plan of flood control. The board reserves the right to require the
				  applicant to file a written request for an amendment.
1.
					 Renumbering and amendment of old section
					 18 to new section
					 7(a) and new
					 section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior
					 history, see Register 69, No. 25.
Note: Authority cited: Section
						8571, Water
						Code. Reference: Section
						8721, Water
						Code.
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 19 - District Lands

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No encroachment may be constructed or maintained upon lands
					 owned in fee by the Sacramento and San Joaquin Drainage District, except when
					 expressly permitted by a proper and revocable license, lease, easement, or
					 agreement executed between the owner of the encroachment and the district, and
					 upon payment to the district of its expenses and adequate rental or
					 compensation therefor. This requirement is in addition to the need for a permit
					 as required in section
					 6 of this article.
1.
					 Renumbering of old section
					 17 to new section
					 19 and new section filed 9-30-96;
					 operative 10-30-96 (Register 96, No. 40). For prior history, see Register 85,
					 No. 26.
Note: Authority cited: Section
						8608, Water
						Code. Reference: Sections
						8504,
						8598,
						8708 and
						8709, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 4 - Enforcement Actions › Section 20 - Purpose and Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  board has the authority to require permits and enforce standards for the
				  erection, maintenance, and operation of levees, channels, and other flood
				  control works within its jurisdiction, including, but not limited to, standards
				  for encroachments, construction, vegetation, and erosion control
				  measures.
(b) In the event of a
				  violation of the Water Code, the board's regulations adopted thereto, any
				  permit issued by the board, or in the case of facilities of the State Plan of
				  Flood Control, applicable federal law or regulations where the board has signed
				  assurances with the U.S. Army Corps of Engineers that it will comply with such
				  law or regulations, the board has the administrative authority to issue notices
				  of violation, cease and desist orders, and enforcement orders that order,
				  without limitation, the following:
(1)
				  Removal, modification or abatement of a violation, at the violator's
				  cost;
(2) Restoration;
(3) Administrative penalties;
(4) Permit revocation; or
(5) Recordation of an enforcement order or a
				  lien with the county recorder's office.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 4 - Enforcement Actions › Section 21 - Conduct Subject to Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  enforcement action may be preceded by an investigation that may include, but is
				  not limited to, document review, site visits, interviews, and public agency
				  input to determine if violations exist within the jurisdiction of the board.
				  The investigation may be conducted by (i) board staff, or (ii) a local
				  maintaining agency where authority has been delegated by the board to issue
				  notices of violation, or (iii) the department where authority has been
				  delegated by the board to issue notices of violation.
(b) Actions that may be subject to
				  investigation and enforcement include, but are not limited to:
(1) Undertaking or threatening to undertake
				  any activity that may encroach on levees, channels, or other flood control
				  works under the jurisdiction of the board;
(2) Owning, undertaking, or maintaining any
				  work in violation of or inconsistent with any condition of any permit
				  previously issued by or subject to the jurisdiction of the board; or
(3) Any violation of any requirement in Part
				  4 of Division 5 of the Water Code, including but not limited to:
(A) Owning, undertaking, or maintaining any
				  work that requires a permit or other approval from the board without securing
				  such permit or approval;
(B)
				  Owning, undertaking, or maintaining any work in violation of Title 23, Division
				  1 of the California Code of Regulations; or
(C) Owning, undertaking, or maintaining any
				  work that is inconsistent with applicable federal law or regulations where the
				  board has signed assurances with the U.S. Army Corps of Engineers that it will
				  comply with such law or regulations.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 4 - Enforcement Actions › Section 22 - Settlement of Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Subject to subsection (c), at any point during the enforcement process, the
				  board or the Executive Officer may negotiate a proposed resolution with the
				  person or entity responsible for the violation.
(b) The board or Executive Officer may enter
				  into an agreement tolling any applicable statute of limitations as specified in
				  the Code of Civil Procedure, pending conclusion of negotiations.
(c) Once the board has taken action on a
				  cease and desist order, any settlement of the underlying violation shall
				  require board approval and be placed on the board's consent calendar pursuant
				  to Section
				  13.3 of these regulations, for
				  approval by the board.
1.
					 Renumbering of old section
					 22 to new section
					 16(d) and new
					 section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
2.
					 Repealer and new section filed 2-15-2012; operative 2-15-2012 pursuant to
					 Government Code section
					 11343.4
					 (Register 2012, No. 7).
3. Repealer and new section filed 1-9-2014
					 as an emergency; operative 1-9-2014 (Register 2014, No. 2). A Certificate of
					 Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be
					 repealed by operation of law on the following day.
4. Certificate of
					 Compliance as to 1-9-2014 order, including nonsubstantive amendments,
					 transmitted to OAL 5-29-2014 and filed 7-11-2014 (Register 2014, No.
					 28).
Note: Authority cited: Section
						8571, Water
						Code. Reference: Sections
						8534,
						8596,
						8598 and
						8700, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 4 - Enforcement Actions › Section 23 - Delegation of Enforcement Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  board may delegate to the department or to a local agency that operates and
				  maintains facilities and works on behalf of the board the authority to issue
				  notices of violation for violations affecting a flood control facility operated
				  and maintained by the department or local agency.
(b) The delegation of enforcement authority
				  shall be made in writing in a delegation letter signed by the Executive
				  Officer.
(c) The delegation shall
				  be deemed effective only upon the local agency's or the department's acceptance
				  of the delegation, evinced by its signature and return of the delegation letter
				  to the Executive Officer.
1. New
					 article 4.1 (section
					 23) and section filed 9-30-96;
					 operative 10-30-96 (Register 96, No. 40). For prior history, see Register 85,
					 No. 26.
2. Renumbering of former section
					 23 (formerly within article 4.1)
					 to section
					 28 and new section
					 23 filed 2-15-2012; operative
					 2-15-2012 pursuant to Government Code section
					 11343.4
					 (Register 2012, No. 7).
3. Repealer and new section filed 1-9-2014
					 as an emergency; operative 1-9-2014 (Register 2014, No. 2). A Certificate of
					 Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be
					 repealed by operation of law on the following day.
4. Certificate of
					 Compliance as to 1-9-2014 order, including nonsubstantive amendments,
					 transmitted to OAL 5-29-2014 and filed 7-11-2014 (Register 2014, No.
					 28).
Note: Authority cited: Section
						8571, Water
						Code. Reference: Sections
						8534,
						8598,
						8700 and
						8701, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 4 - Enforcement Actions › Section 24 - Board Approval of Cease and Desist Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  cease and desist order issued by the Executive Officer shall provide a date,
				  time, and location of a public meeting of the board at which time the person or
				  public agency subject to the order may appear to contest the order.
(b) If the person or public agency subject to
				  the order fails to appear at the noticed public meeting, the board may approve
				  issuance of the cease and desist order on its consent calendar pursuant to
				  Section 13.3 of these
				  regulations.
(c) The board's
				  consideration of issuance of a cease and desist order is not an evidentiary
				  hearing and the provisions of these regulations that apply to evidentiary
				  hearings, sections
				  13 and
				  13.1 do not apply to the board's
				  consideration of cease and desist orders. The board may within its discretion,
				  but is not required to, consider any new evidence presented at the meeting by
				  the respondent.
1. New
					 section filed 2-15-2012; operative 2-15-2012 pursuant to Government Code
					 section
					 11343.4
					 (Register 2012, No. 7).
2. Repealer and new section filed 1-9-2014
					 as an emergency; operative 1-9-2014 (Register 2014, No. 2). A Certificate of
					 Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be
					 repealed by operation of law on the following day.
3. Certificate of
					 Compliance as to 1-9-2014 order, including nonsubstantive amendments,
					 transmitted to OAL 5-29-2014 and filed 7-11-2014 (Register 2014, No.
					 28).
Note: Authority cited: Section
						8571, Water
						Code. Reference: Sections
						8598,
						8700, and
						8701.2, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 4 - Enforcement Actions › Section 27 - Emergency Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Except as set forth in this Section, the summary abatement of emergencies is
				  not subject to the enforcement procedures set forth in this Article.
(b) In addition to the emergency authority in
				  Section 17, the department, board,
				  executive officer and local maintaining agencies may take emergency action to
				  prevent an imminent failure of a levee, channel, floodway, stream bank, or
				  flood control features, or other emergency action necessary to protect the
				  public welfare.
(c) If the exercise
				  of this authority includes the removal, modification or abatement of an
				  encroachment on a flood system improvement, facility, or activity maintained by
				  a person or a public agency, the person or public agency may request a hearing
				  before the board within 30 days after the removal, modification, or abatement
				  has commenced.
(d) The entity that
				  carries out the emergency action may also request a hearing before the board
				  within 30 days after the removal, modification, or abatement has commenced to
				  seek the reimbursement of its abatement costs from the person or public agency
				  maintaining the affected encroachment or activity.
(e) If, upon holding a hearing, the board
				  orders the payment of abatement costs to the entity that has carried out the
				  emergency action, that entity may pursue any legal remedies available to it or
				  the board may use its legal remedies to recover the costs of abatement,
				  including imposition of a lien.
(f)
				  Any hearing pursuant to this section shall proceed in accordance with Section
				  25 of this Article.
(g) Any entity removing or modifying property
				  pursuant to this Section shall attempt to give any landowners or owners of the
				  property subject to modification or removal prior notice when possible, and
				  shall only take such actions as are reasonably necessary to abate the immediate
				  threat to public health and safety.
(h) Any actions taken pursuant to this
				  Section shall be reported to the Executive Officer or the board at the first
				  reasonably available opportunity.
1. New
					 section filed 2-15-2012; operative 2-15-2012 pursuant to Government Code
					 section
					 11343.4
					 (Register 2012, No. 7).
2. Repealer and new section filed 1-9-2014
					 as an emergency; operative 1-9-2014 (Register 2014, No. 2). A Certificate of
					 Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be
					 repealed by operation of law on the following day.
3. Certificate of
					 Compliance as to 1-9-2014 order, including nonsubstantive amendments,
					 transmitted to OAL 5-29-2014 and filed 7-11-2014 (Register 2014, No.
					 28).
Note: Authority cited: Section
						8571, Water
						Code. Reference: Sections
						8534,
						8598,
						8708 and
						8715, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 4 - Enforcement Actions › Section 28 - Permit Revocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  previously issued permit or approval may be revoked or modified for any of the
				  following reasons:
(1) The permit or approval
				  was obtained by misrepresentation or fraud;
(2) The permit or approval was approved or
				  issued in error;
(3) One or more of
				  the conditions of the permit or approval have not been satisfied or have been
				  violated;
(4) One or more of the
				  conditions of the permit or approval anticipate revocation if certain terms are
				  met, and those terms have been met;
(5) The activity permitted by the permit or
				  approval violates an applicable statute, law, or regulation, including but not
				  limited to federal law or regulations;
(6) The activity permitted by the permit or
				  approval is detrimental to the public health, safety, or welfare or interferes
				  with the successful execution, functioning or operation of any flood control
				  system feature;
(7) The activity
				  permitted by the permit or approval constitutes a public nuisance as defined by
				  statute or law; or
(8) The permit
				  is for an encroachment that the board has ordered to be removed or modified
				  because it makes one of the findings in Water Code Section
				  8702.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 4 - Enforcement Actions › Section 28.1 - Administrative Permit Revocation Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  board shall use the following procedures to revoke a previously issued permit
				  for any of the reasons set forth in section
				  28(d):
(1) The Notice of Administrative Revocation
				  must be made to the permittee and the current property owner, if
				  different.
(2) The Notice of
				  Administrative Revocation shall contain the permit number, the date the permit
				  was issued, reasons for the Administrative Revocation, and the address or
				  coordinates shown on the permit.
(3) The Notice of Administrative Revocation
				  shall state that the permit will be revoked by order of the Executive Officer.
				  It shall also state that if the permittee or property owner objects to the
				  revocation, the permittee or property owner must file a written objection with
				  the board within thirty (30) calendar days of the issuance of the Notice of
				  Administrative Revocation and request a hearing before the board.
(4) The Notice of Administrative Revocation
				  shall be sent by regular mail to the property owner and to the permittee, if
				  different. The Notice of Administrative Revocation shall also be posted on the
				  board's website with other actions delegated to the Executive Officer as
				  described in Section
				  5(c).
(5) If no objection has been received within
				  thirty (30) calendar days of the issuance of the Notice of Administrative
				  Revocation, the revocation will be final and a Final Order of Administrative
				  Revocation shall be mailed by ordinary mail to the permittee and property
				  owner.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 4 - Enforcement Actions › Section 29 - Lien Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Before recording a lien, the board or its designee shall provide notice of the
				  lien to the property owner that includes the following information:
(1) identification of the board as the entity
				  on whose behalf the lien is to be imposed,
(2) the board's authority as described in
				  Water Code Section
				  8704.2(a)
				  for recordation of the lien,
(3) a
				  legal description and assessor's parcel number for the real property upon which
				  the lien is to be imposed,
(4) the
				  amount of the lien,
(5) the name of
				  the property owner of record, and
(6) the time and date of a hearing before the
				  board at which time the owner may appear to contest the amount of the
				  lien.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 4.1 - Reconsideration › Section 30 - Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  later than thirty (30) calendar days after adoption by the board of a decision
				  or order, other than an enforcement order, any interested person affected by
				  the decision or order may petition the board for reconsideration of the matter
				  based on any of the following reasons:
(1)
				  Irregularity in the proceeding, or any ruling, or abuse of discretion which
				  prevented a fair hearing;
(2) The
				  decision or order is not supported by substantial evidence;
(3) There is relevant evidence, which could
				  not have reasonably been produced previously; or
(4) Error in law.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 5 - Designated Floodways › Section 101 - Responsibility of the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board, after appropriate studies have been made, shall
					 delineate on an aerial mosaic or map, the proposed designated floodway and the
					 floodway encroachment lines. The board shall further determine allowable uses
					 in the designated floodway pursuant to Section
					 107.
1. New
					 article 5 (sections
					 101 through
					 107), renumbering of old section
					 55 to new section
					 101, removal of articles 6 through
					 11 and removal of chapter 1.1, articles 1 through 3. Renumbering of old section
					 46 to new section
					 4, old section
					 56 to new section
					 102, old section
					 65 to new section
					 103, old section
					 67 to new section
					 104, old section
					 68 to new section
					 105, old section
					 69 to new section
					 106, old sections
					 75 and
					 76 to new section
					 107, old sections
					 85 and
					 86 to new section
					 108, old section
					 95 to new section
					 6(c), old section
					 150 to new section
					 109, and old section
					 152 to new section
					 110, filed 9-30-96; operative
					 10-30-96 (Register 96, No. 40).
Note: Authority cited: Section
						8571, Water
						Code. Reference: Section
						8609, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 5 - Designated Floodways › Section 102 - Considerations in Designating Floodways

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In proposing and revising designated floodways, the board
					 must consider all of the following:
(a) Existing and projected federal, state,
				  and local flood control improvements and regulations affecting the flood
				  plain;
(b) The degree of danger
				  from flooding to life, property, public health and welfare; and
(c) The rate and type of development taking
				  place upon the flood plain.
1.
					 Renumbering and amendment of old section
					 56 to new section
					 102 filed 9-30-96; operative
					 10-30-96 (Register 96, No. 40).
Note: Authority cited: Section
						8571, Water
						Code. Reference: Section
						8609, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 5 - Designated Floodways › Section 103 - Notices and Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board shall notify local interested parties, thirty
					 (30) calendar days prior to any hearing or hearings on designated floodways and
					 floodway encroachment lines, by notice published at least twice in a newspaper
					 of general circulation in the affected area. Hearings must be held in areas
					 convenient to the majority of interested parties. The board shall hold one
					 hearing prior to initiation of the study and at least one hearing after the
					 study has been completed but prior to adoption.
1.
					 Renumbering and amendment of old section
					 65 to new section
					 103 filed 9-30-96; operative
					 10-30-96 (Register 96, No. 40).
2. Amendment 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: Section
						8609, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 5 - Designated Floodways › Section 104 - Recording

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After a designated floodway and the floodway encroachment
					 lines are adopted by the board, an aerial mosaic or map showing the designated
					 floodway and the floodway encroachment lines shall be transmitted to the
					 appropriate county or counties for recording.
1.
					 Renumbering and amendment of old section
					 67 to new section
					 104 filed 9-30-96; operative
					 10-30-96 (Register 96, No. 40).
Note: Authority cited: Section
						8571, Water
						Code. Reference: Section
						8609, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 5 - Designated Floodways › Section 105 - Availability of Maps

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board shall furnish a copy of the map or maps showing
					 the limits of the designated floodway to the county engineer, the county
					 planning department, and other interested parties.
1.
					 Renumbering and amendment of old section
					 68 to new section
					 105 filed 9-30-96; operative
					 10-30-96 (Register 96, No. 40). For prior history, see Register 72, No.
					 14.
Note: Authority cited: Section
						8571, Water
						Code. Reference: Section
						8609, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 5 - Designated Floodways › Section 106 - Floodway Modifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If, after the adoption of the designated floodway and
					 floodway encroachment lines, the board determines that conditions have changed
					 sufficiently to necessitate altering the lines, the board may, at any regularly
					 noticed meeting, make modifications to the designated floodway as it deems to
					 be appropriate.
1.
					 Renumbering and amendment of old section
					 69 to new section
					 106 filed 9-30-96; operative
					 10-30-96 (Register 96, No. 40). For prior history, see Register 72, No.
					 14.
Note: Authority cited: Section
						8571, Water
						Code. Reference: Section
						8609, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 5 - Designated Floodways › Section 107 - Permitted Uses in Designated Floodways

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following uses may be permitted in the designated
					 floodway so long as alone or cumulatively, in the judgment of the board, they
					 will not unduly impede the free flow of water in the floodway or jeopardize
					 public safety:
(a) Open space uses not
				  requiring a closed building, such as agricultural croplands, orchards,
				  livestock feeding and grazing, or public and private recreation
				  areas.
(b) Fences, fills, walls, or
				  other appurtenances which do not create an obstruction or debris-catching
				  obstacle to the passage of floodwaters.
(c) Storage yards for equipment and material,
				  if the equipment and material can be either securely anchored or removed upon
				  notice.
(d) Railroads, streets,
				  bridges, and public utility wires and pipelines for transmission and local
				  distribution.
(e) Commercial
				  excavation of materials from pits, strips, or pools provided that no
				  stockpiling of materials, products, or overburden creates an obstruction to the
				  passage of flood flows.
(f)
				  Improvements in stream channel alignment, cross-section, and
				  capacity.
(g) Structures that are
				  designed to have a minimum effect upon the flow of water and are firmly
				  anchored to prevent the structure from flotation, provided that normally no
				  structures for human habitation will be permitted.
(h) Recreational vehicles and related service
				  facilities that are either floodproofed or are removed during the flood season
				  of the particular stream involved.
(i) Other uses which are not appreciably
				  damaged by floodwaters.
1.
					 Renumbering and amendment of old sections
					 75 and
					 76 to new section
					 107 filed 9-30-96; operative
					 10-30-96 (Register 96, No. 40). For prior history, see Register 72, No. 14 and
					 Register 73, No. 34.
Note: Authority cited: Section
						8571, Water
						Code. Reference: Sections
						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 6 - Existing Encroachments Within an Adopted Plan of Flood Control › Section 108 - Existing Encroachments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Upon adoption of a plan of flood control, an existing facility or use shall be
				  allowed to continue as provided below:
(1) A
				  permit or order shall be automatically issued for all conforming existing
				  facilities and uses. The facility or use may not be changed, extended, or
				  expanded without a new application to and approval by the board. If the
				  facility is abandoned, it shall be removed at the expense of the owner and not
				  replaced.
(2) Nonconforming
				  existing encroachments that do not have a major detrimental impact shall be
				  allowed to continue under a permit or order until abandoned or until they are
				  destroyed or damaged, by any cause, to the cumulative extent of more than fifty
				  (50) percent of their market value or their physical usefulness during any
				  10-year period. The facility or use may not be changed, extended, or expanded
				  without a new application to and approval of the board. If the facility is
				  abandoned, it shall be removed at the expense of the owner and not
				  replaced.
(3) Nonconforming
				  existing encroachments that have a major detrimental impact shall be removed,
				  abandoned, or suitably modified at no cost to the owner, if they have been in
				  existence prior to the adoption or authorization of a project by the United
				  States or prior to the adoption or authorization of a plan of flood control by
				  the state.
(4) Nonconforming
				  existing facilities or uses that have a major detrimental impact on the adopted
				  plan of flood control and which were not in existence at the time of adoption
				  of the plan of flood control shall be removed, abandoned, or suitably modified
				  as directed by the board, all at the expense of the owner, and within a period
				  of time specified by the board.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 7 - Review Rights › Section 109 - Right of Review of Delegated Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person or public agency having an interest in a
					 decision made by the Director of the department or the Executive Officer of the
					 board pursuant to any delegation by the board, including those delegations in
					 Section 5 and any other delegation of
					 authority has the right to review by the board in accordance with the
					 requirements of section
					 12. Adversely affected persons
					 have the right to present arguments to the board in person or by a designated
					 representative at a regularly scheduled board meeting in accordance with
					 section 110.
1. New
					 article 7 (sections
					 109 through
					 110) and renumbering and amendment
					 of old section
					 150 to new section
					 109 filed 9-30-96; operative
					 10-30-96 (Register 96, No. 40). For prior history, see Register 78, No.
					 3.
2. Amendment filed 12-1-2009; operative 12-31-2009 (Register
					 2009, No. 49).
3. Amendment 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
						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 7 - Review Rights › Section 110 - Review Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A person or public agency adversely affected by a decision
					 described in section
					 109 is entitled to board review at
					 a regularly scheduled meeting of the board after receipt of a written request
					 directed to the Executive Officer of the board stating the facts and
					 circumstances upon which the request is based, provided the request complies
					 with the requirements of section
					 12. If a petition for
					 reconsideration is not submitted within the time limits specified in section
					 23, the decision of the board is
					 final.
1.
					 Renumbering and amendment of old section
					 152 to new section
					 110 filed 9-30-96; operative
					 10-30-96 (Register 96, No. 40).
2. Amendment 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
						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 111 - Introduction to Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These standards govern the design and construction of
					 encroachments which affect the flood control works and floodways and are used
					 by the board for the regulation of encroachments. The standards apply to any
					 work within the limits of, or which can affect, any authorized flood control
					 project or any adopted plan of flood control. These standards also provide the
					 public with information needed to prepare and submit encroachment applications
					 to the board. Where any provision in this division requires the application of
					 judgment, such as where "practical," "feasible," or "reasonable," the burden of
					 proof on such issues as impracticality, unfeasibility, or unreasonableness lies
					 with the applicant or permittee.
1. New
					 article 8 (sections
					 111 through
					 137) and 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 112 - Streams Regulated and Nonpermissible Work Periods

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  board requires applications to be filed for all proposed encroachments within
				  the floodways under its jurisdiction (identified in Table 8.1) and on levees
				  adjacent thereto, on any stream which may affect those floodways.
(b) Banks, levees, and channels of floodways
				  along any stream, its tributaries, or distributaries may not be excavated, cut,
				  filled, obstructed, or left to remain excavated during the flood season.
(1) The flood seasons for the various
				  floodways are shown in Table 8.1.
(2) The board, at the prior written request
				  of the applicant, may allow work to be done during flood season within the
				  floodway, provided that, in the judgment of the board, forecasts for weather
				  and river conditions are favorable.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 8 - Standards › Section 113 - Dwelling and Structures Within an Adopted Plan of Flood Control

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  following definitions apply to this section:
(1) Existing Dwelling -- "Existing Dwelling"
				  means a building used for human habitation constructed within a floodway prior
				  to the adoption of the floodway as an authorized flood control project, as a
				  plan of flood control, or as a designated floodway, or as otherwise permitted
				  by the board.
(2) Existing Mobile
				  Home -- "Existing Mobile Home" means a mobile home that was positioned within a
				  floodway prior to the adoption of the floodway as an authorized flood control
				  project, as a plan of flood control, or as a designated floodway, or as
				  otherwise permitted by the board.
(3) Existing Structure -- "Existing
				  Structure" means a building used for any purpose other than for human
				  habitation constructed within a floodway prior to the adoption of the floodway
				  as an authorized flood control project, as a plan of flood control, or as a
				  designated floodway, or as otherwise permitted by the board.
(4) Human Habitation -- "Human Habitation"
				  means an improvement of real property used, or intended to be used, for
				  residential purposes, including but not limited to living, sleeping, cooking,
				  or eating.
(5) Seasonal Occupancy
				  -- "Seasonal Occupancy" means to occupy or reside in a dwelling only during the
				  nonflood season.
(6) Residential
				  Development -- "Residential Development" means any development or subdivision
				  where a subdivision map is required.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 8 - Standards › Section 114 - Mobile Home Parks and Recreational Vehicle Parks

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  following definitions apply to this section:
(1) Existing Mobile Home Park -- "Existing
				  Mobile Home Park" means any area within a floodway on which two (2) or more
				  mobile homes have been maintained prior to the adoption of the area as an
				  authorized flood control project, as a plan of flood control, or as a
				  designated floodway.
(2)
				  Recreational Vehicle Park -- "Recreational Vehicle Park" means any area within
				  a floodway where two (2) or more recreational vehicles are
				  maintained.
California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 8 - Standards › Section 115 - Dredged, Spoil, and Waste Material

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Dredged, spoil, or waste materials, regardless of their composition, may not be
				  deposited on the levee crown, levee slopes, or within the limits of a project
				  floodway without specific prior approval of the board.
(b) Suitable dredged, spoil, or waste
				  material may be deposited on or against the landside levee slope if the board
				  determines that it is not detrimental to the safety of the levee.
(c) Dredged materials must be drained of
				  excess moisture before being used as fill material.
(d) Dredged, spoil, or waste materials may
				  not be deposited within the limits of the stream channel, project floodway, or
				  within a bypass area without a determination by the board as to the effect of
				  the deposition regarding (1) the flood-carrying capacity of the stream channel,
				  floodway, or bypass; (2) recreational and environmental factors; and (3) fish
				  and wildlife.
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,
						8708,
						8709 and
						8710, Water
						Code.