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(3) Tree branches extending above the levee crown or above the area within ten (10) feet of the levee toe, must be pruned to maintain a minimum of twelve (12) feet vertical clearance above the levee crown and above the area within ten (10) feet of the levee toe.
(4) Tree branches above levee slopes must be pruned and maintained so that the distance from the levee slope to the lowest branches, measured normal to the levee slope, is a minimum of five (5) feet.
(5) Trees are not permitted on the crown or slopes of a standard size levee or within ten (10) feet of the toe of a standard or oversize levee. Planted trees must be set back a sufficient distance from the levee toe to conform with the requirements of subdivision (f)(3) of this section throughout the life of the tree.
(6) Trees are permitted on oversize levee slopes according to the following additional criteria:
(A) Trees considered suitable and unsuitable for oversize levees are listed in Tables 8.3 and 8.4 respectively.
(B) Trees which will exceed fifty (50) feet in height when mature are not permitted.
(C) Trees are permitted on the waterside levee slope of oversize levees up to a point five (5) vertical feet below the design flood plane.
(D) Trees that, in the judgment of the board, threaten to disturb revetment on levee slopes or interfere with maintenance must be removed.
(E) Fruit and nut trees are not allowed.
(7) Trees, vines, bushes, shrubs, or any other form of woody or herbaceous vegetation that grow in a dense form and prevent visual inspection of the levee slope and toe, produce fruit or nuts that attract burrowing rodents, or are thorny and could interfere with flood fight efforts, are not permitted on the levee or within ten (10) feet of the levee toe.
(8) Sod, grasses, perennial flowers, and other nonwoody ground covers are permitted on levee slopes and within ten (10) feet of the levee toe if the height of the vegetation does not exceed twelve (12) inches. Ground covers considered suitable and unsuitable on levee slopes and within ten (10) feet of the levee toe are listed in Tables 8.5 and 8.6, respectively. In areas where vehicular access is maintained along the levee toe, ground covers are generally not permitted.
For ground covers with specific maintenance requirements (see Table 8.5):
(A) The permittee is responsible for maintaining the ground cover at a height less than one (1) foot;
(B) The maintaining agency reserves the right to mow the groundcover without prior notification if the height exceeds one (1) foot;
(C) Any irrigation system for the ground cover must be designed to not interfere with mowing;
(D) Ground covers that are required by this subdivision to be mowed are generally allowed only on the upper twenty (20) feet of levee slope.
(9) Thick-stemmed, extremely dense or woody ground covers are not permitted on levee slopes or within ten (10) feet of the levee toe.
(10) Flower gardens where the height of the vegetation does not exceed twelve (12) inches and which are compatible with flood fight procedures, maintenance, and inspection programs are permitted within ten (10) feet of the levee toe.
(g) Vegetation and vegetation maintenance standards for floodways and bypasses are as follows:
(1) Vegetation is permitted within revetment on streambanks unless, in the judgment of the board, it becomes a threat to the integrity of the revetment.
(2) Invasive or difficult-to-control vegetation, whether naturally occurring or planted, that impedes or misdirects floodflows is not permitted to remain on a berm or within the floodway or bypass.
(3) The board may require clearing and/or pruning of trees and shrubs planted within floodways in order to minimize obstruction of floodflows.
(4) Trees and brush that have been cut down must be burned or removed from the floodway prior to the flood season.
(h) Orchards are not permitted within bypasses but may be planted within other floodways in accordance with the following criteria:
(1) If an orchard is abandoned, all trees must be removed and burned or disposed of outside the floodway prior to flood season.
(2) Trees or brush cut prior to planting an orchard must be removed and burned or disposed of outside the floodway prior to flood season.
(3) Orchard cuttings and any debris that may accumulate in the orchard during the flood season must be removed from the floodway, or must be disposed of in such a manner as to leave no floatable debris within the floodway. Cuttings and other debris must regularly be burned or removed and disposed of outside the floodway throughout pruning activities so as to leave no floatable debris within the floodway.
(4) Dead trees, stumps, prunings, or other agricultural debris may not be placed on the levee section or within ten (10) feet of the levee toe.
(5) Tree rows must be parallel to the direction of the overbank flow and may not direct the flow toward the levee.
(6) The spacing between rows must be a minimum of sixteen (16) feet perpendicular to the overbank flow of the stream. The row spacing must be increased if, in the judgment of the board, additional space is necessary for the passage of floodflows.
(i) Vegetable gardens are not permitted on the levee slope. Vegetable gardens may be permitted within ten (10) feet of the levee toe where they will not interfere with maintenance and inspection and meet the following conditions:
(1) No large bushy plants such as corn, tomatoes, grapes and peas are within ten (10) feet of the levee toe;
(2) There is not a maintenance access road along the levee toe;
(3) The adjacent levee slope is not sprayed with herbicide by the maintaining agency; and
(4) The levee is not experiencing burrowing rodent activity. If there is burrowing rodent activity in the immediate vicinity, the vegetable garden permittee shall control the rodents to the satisfaction of the Board or remove the garden.
(j) Irrigation of vegetation on levee slopes must conform to the following criteria:
(1) Permanently installed irrigation systems are permitted on both slopes of oversize levees and on the landside slope of standard size levees.
(2) Surface low pressure drip irrigation systems may be used on either the landside or waterside levee slope.
(3) Any water applied to vegetation on the levee slope by any means must be controlled to prevent erosion of the levee slope.
(4) Ditches may not be dug in the levee section, within ten (10) feet of the levee toe, or within the projected levee section for irrigation or drainage.
(5) Watering basins around trees must be limited to a maximum depth of twelve (12) inches.
(6) Permanently installed irrigation pipes may be buried but may be no deeper than eight (8) inches into the levee slope.
(7) A readily accessible shutoff or control valve is required in the supply line of all irrigation systems. The valve must be located a minimum of ten (10) feet landward of the levee toe and must be clearly identified for levee maintenance or flood fight personnel.
(8) Pipes supplying water to permanently installed sprinkler heads must be of approved material such as galvanized iron, schedule 40 polyvinyl chloride (PVC), class L copper, or equivalent. Aluminum pipe is not permitted.
(k) The board may permit, with appropriate conditions, existing nonconforming vegetation after considering a number of factors, including but not limited to:
(1) Age of vegetation;
(2) Type of vegetation;
(3) Location of vegetation;
(4) Size of vegetation;
(5) Physical condition of vegetation;
(6) Whether the vegetation was planted or is naturally occurring;
(7) Condition of the adopted plan of flood control;
(8) Environmental value of the vegetation; and
(9) Ability to inspect and maintain the levee around the vegetation.
(l) Trees removed from the levee and from within ten (10) feet of the levee shall have all roots larger than one- and one-half (1-1/2) inches in diameter removed for a distance of at least three (3) feet from the tree trunk at ground level and the hole filled with impervious soil compacted in four- (4) to six-(6) inch lifts. Compaction within the levee section shall be a relative compaction of not less than ninety percent (90%), per ASTM D1557-91, dated 1991, which is incorporated by reference. Outside of the levee section, the soil shall be compacted to at least the density of adjacent undisturbed material.
Table 8.2 Partial List of Trees Suitable for Oversize Levees
Alder, white Alnus rhombifolia
Box Elder Acer negundo
California pepper tree (male only) Schinus molle
Carob tree (male only) Ceratonia siliqua
China-berry Melia azedarach
Chinese pistache Pistacia chinensis
Coast beefwood Casuarina stricta
Common catalpa Catalpa bignonioides
Crape myrtle Lagerstroemia indica
Dogwood, giant Cornus controversa
Dogwood, Western Cornus nuttallii
Fremont cottonwood (male only) Populus fremontii
Goldenrain tree Koelreuteria paniculata
Hackberry, Chinese Celtis sinenis
Hackberry, common Celtis occidentalis
Hackberry, European Celtis australis
Maidenhair tree (male only) Gingko biloba
Mayten tree Maytenus boaria
Montezuma cypress Taxodium mucrontum
Oak Ouercus spp. [FNa1]
Pagoda tree Sophora japonica
Redbud, western Cercis occidentalis
Redbud, eastern Cercis canadensis
Sawleaf zelkova Zelkova serrata
Silk tree Albizia julibrissin
Strawberry tree Arbutus unedo or
Arbutus "marina"
Tallow tree Sapium sebiferum
Tupelo Nyssa sylvatica
[FNa1] spp. = species
Table 8.3 Partial List of Trees Unsuitable on Levees
Acacia, Bailey Acacia baileyana
Acacia, kangaroo thorn Acacia armata
Almond Prunus dulcis
Apple, crabapple Malus spp. [FNa1]
Apricot Prunus armeniaca
Ash, Arizona Fraxinus velutina
Ash, flowering Fraxinus ornus
Ash, Modesto Fraxinum velutina "Modesto"
Blue gum Eucalyptus globulus
Cedar [FNaa1] Cedrus spp. [FNa1]
Cherry Prunus ayium
Chinese jujube Zizyphus jujube
Chinese wingnut Pterocarya stenoptera
Citrus Citrus spp. [FNa1]
Coast redwood Sequoia sempervirens
Colorado spruce Picea pungens
Cypress [FNaa1] Cupressus spp. [FNa1]
Date palm Phoenix spp. [FNa1]
Elm Ulmus spp. [FNa1]
Fan palm Washingtonia spp. [FNa1]
Fig Ficus carica
Fir [FNaa1] Abies spp. [FNa1]
Giant sequoia Sequoiadendron giganteum
Grape Vitis spp. [FNa1]
Hawthorn Crataegus spp. [FNa1]
Incense cedar [FNaa1] Calocedrus decurrens
Locust Robinia spp. [FNa1]
Loquat Eriobotrya spp. [FNa1]
Olive Olea europaea
Osage orange Maclura pomifera
Peach and nectarine Prunus perica
Pecan Carya illinoinensis
Persimmon Diospyros spp. [FNa1]
Pine [FNaa1] Pinus spp. [FNa1]
Plum and prune Prunus domestica, salicina
Pomegranate Punica granatum
Quince Cydonia oblonga
Russian olive Elaegnus augustifolia
Salt Cedar Tamarisk gallica
Tree of heaven Ailanthus altissima
Walnut Juglans spp. [FNa1]
[FNa1] spp. = species
[FNaa1] Conifers whose normal mature height is 50 feet or less may be considered desirable under maintenance conditions that (1) protect the tree from drought, and (2) will assure proper pruning of the lower branches.
Table 8.4 Partial List of Ground Covers Suitable on Levees
Aaron's Beard [FNaaa1] Hypericum calycinum
Alyssum Alyssum spp. [FNa1]
Basket-of-gold Aurinia saxatile
Bermuda Grass Cynodon dactylon "tifgreen"
Cynodon dactylon "coastal"
Cynodon dactylon "Tufcote"
Blue-eyed grass Sisyrinchium bellum
California Poppy Eschscholzia californica
Cape weed Arctotheca calendula
Creeping wild rye [FNaaa1] Elymus triticoides
English Ivy, miniature [FNaaa1] Hedera helix, hahni
Garden lippia Phyla nodiflora
Lippia nodiflora
Gazania, trailing [FNaaa1] Gazania spp. [FNa1]
Green carpet Herniaria glabra
Lupine, dwarf Lupinus bicolor
Mexican evening primrose [FNaaa1] Oenothera berlandieri
Palestine orchardgrass Dactylis glomerotoa
"Palestine"
Salt grass Distichlis spicata
Spring Cinquefoil Potentilla tabernaemontanii
Stonecrop Sedum spp. [FNa1]
Trailing African daisy Osteospermum fruticosum
Verbena Verbena peruviana
Yellow-eyed grass Sisyrinchium californicum
[FNa1] spp. = species
[FNaa1] These species have specific requirements for being cut back or otherwise maintained on a regular basis depending on the species.
Table 8.5 Partial List of Ground Covers and Miscellaneous Species Unsuitable on
Levees
Bamboo Bambusa spp. [FNa1]
Blackberry/Raspberry Rubus spp. [FNa1]
Broom Cytisus spp. [FNa1]
Cactus Cactaceae spp. [FNa1]
Century Plant Agave americana
False Bamboo, Common Reed Phragmites communis
Freeway Iceplant Carpobrotus spp. [FNa1]
Grape Vitus spp. [FNa1]
Honeysuckle Lonicera spp. [FNa1]
Horsetail Equisetum hyemale
Ice Plant, Rosea Drosanthemum floribundum
Ice Plant, trailing Lampranthus, spectabulis
Ivy, Algerian Hedera canariensis
Ivy, Persian Hedera colchica
Ivy, English Hederal helix
except miniature or
dwarf varieties
Pampas grass Cortaderia selloana
Periwinkle Vinca spp. [FNa1]
Perla Grass Phalaris tuberosa
var. hirtiglumis
Rose Rosa spp. [FNa1]
[FNa1] spp. = species
Note: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
s 132. Bicycle Trails.
(a) It is the board's policy to permit the construction of paved and unpaved bicycle trails by public agencies on levees and within floodways under the board's jurisdiction, provided that the flood control purpose of the floodway facilities remains primary. Bicycle trails must meet the following general conditions:
(1) Where feasible, the bicycle trail must be located off of the levee.
(2) Repair or replacement of the bicycle trail that is damaged during an emergency flood fight procedure, routine maintenance, or any required improvement activity within an adopted plan of flood control must be made by, and at the sole expense of, the permittee or in accordance with an agreement for maintenance between the permittee and a public agency.
(3) The board and the local flood control maintaining agency retain the right to temporarily close the bicycle trail for improvement, maintenance, or during emergency flood fight activities.
(4) Bicycle trails within an adopted plan of flood control must be maintained to a level safe for bicycle traffic and acceptable to the local flood control maintaining agency and the Department of Water Resources.
(b) Bicycle trails on a levee section are permitted under the following conditions:
(1) The permittee shall defend, hold harmless, and indemnify the State of California and the local maintaining agency, and each of their boards, elected officials, officers, employees, and agents against all damages and claims of liability of whatever nature which arise from the use of the levee as a bicycle trail.
(2) The permittee must submit proposed use restrictions for the bicycle trail, and a plan for enforcement of the restrictions satisfactory to the board, prior to commencing construction. The restrictions, at a minimum, must restrict public access to the trail and to designated adjacent areas only, and must prohibit equestrian and motorized vehicle traffic, except as may be necessary for maintenance, restriction enforcement, and providing for public safety.
(3) The permittee must agree to bear the cost of any repairs to a flood control project facility that are made necessary by the presence or use of the bicycle trail.
(4) Paved bicycle trails constructed on the levee crown must have a minimum pavement width of twelve (12) feet and a minimum shoulder width of one (1) foot on each side of the pavement. The outer edges of the finished pavement may be no higher than the adjacent shoulders and the cross-section must be shaped and trimmed to produce a smooth transition from pavement to shoulder.
(5) Paved bicycle trails on the levee crown must be designed and paved to withstand a maximum load of 68,000 pounds from two consecutive sets of tandem axles. Soil tests may be required to determine design of the trail.
(6) The structural section of paved bicycle trails must consist of a minimum of six (6) inches of aggregate base beneath two (2) inches of asphalt concrete pavement, or equivalent, on a well compacted levee crown.
(7) The aggregate base shall extend beyond the pavement to allow drainage.
(8) The bicycle trail and all bicycle access ramps must be sloped to drain away from the levee crown.
(9) Bicycle access ramps on levee slopes must conform to the criteria set forth in the standards for access ramps in section 130.
(10) The bicycle trail may not be cut into the levee section but may be placed on fill along the levee slope provided it will not interfere with maintenance.
(11) The permittee must maintain the bicycle trail or provide evidence of agreement with a public agency for that agency to provide maintenance.
(12) The permittee may be required to prevent unauthorized vehicular access to bicycle trails by physical barriers, which must be removable to allow access for maintenance, inspection, and emergency vehicles. Vehicular access barriers will be secured by locks. Keys shall be provided to the Department of Water Resources and the local flood control maintaining agency.
(13) The permittee shall install permanent safety signs at all bicycle access points and at periodic intervals along the trail containing such language as:
Levee Maintenance Road Watch for Patrolling Vehicles.
(14) The permittee shall install permanent signs at all bicycle access points to control unauthorized use of bicycle trails.
(c) Bicycle trails within a leveed floodway are permitted under the following conditions:
(1) The permittee must submit proposed use restrictions for the bicycle trail and a plan for enforcement of such restrictions satisfactory to the board, prior to commencing construction. The restrictions, at a minimum, must restrict public access to the trail and to designated adjacent areas only, and shall prohibit equestrian and motorized vehicle traffic, except as may be necessary for maintenance, restriction enforcement, and providing for public safety.
(2) The permittee must agree to bear the cost of any repairs to a flood control project facility that are made necessary by the presence or use of the bicycle trail.
(3) Bicycle trails must be constructed at natural ground level wherever possible, and all fills greater than three (3) feet in height must be supported by appropriate engineering studies.
(4) The permittee must maintain the bicycle trail or provide evidence of an agreement with a public agency for that agency to provide maintenance.
(5) The permittee is required to prevent unauthorized vehicular access to bicycle trails by physical barriers, which must be removable to allow access for maintenance, inspection, and emergency vehicles. Vehicular access barriers will be secured by locks. Keys shall be provided to the Department of Water Resources and the local flood control maintaining agency.
(6) The permittee must install permanent signs at all bicycle access points to control unauthorized use of bicycle trails.
(d) Paved bicycle trails within ten (10) feet of the landside levee toe must have appropriate features that intercept seepage and prevent particle migration.
Note: Authority: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
s 133. Supplemental Standards for Control of Residential Encroachments in Reclamation District 1000.
These standards apply only to the construction, reconstruction, or repair of dwellings and associated improvements on the left bank waterward berm and waterward levee slope of the Sacramento River between levee miles 0.00 and 18.60, Unit 1, Reclamation District 1000. These standards supplement and, where in conflict with, supersede the standards in section 111 through section 137. While these standards are not specifically for commercial construction, in general, the principles in this section will apply to commercial development.
(a) The owner or permittee must maintain the waterward slope of the levee and the utilized area within the floodway of the Sacramento River in the manner required by Reclamation District 1000 or any other agency responsible for maintenance.
(b) The area between the waterward levee shoulder and the riverbank may be filled, provided the fill does not extend more than one hundred fifty (150) feet waterward from the centerline of the levee crown.
(c) Within the area located between the waterward levee shoulder and a point sixty-five (65) feet waterward from the centerline of levee, the following conditions apply:
(1) Where the area is less than one (1) foot above the design flood plane, driveways and ramps may be constructed at any orientation to the levee.
(2) Where the area is less than one (1) foot above the design flood plane, fences parallel to the levee must be an open type and constructed to provide for the unobstructed visual inspection of the levee slope and toe from the levee crown roadway.
(3) Where the entire area is at least one (1) foot above the design flood plane, no restrictions apply to fences, walls, and similar structures.
(4) Elevated walkways and driveways are permitted without elevation restrictions.
(d) Within the area beginning at a point sixty-five (65) feet waterward from the centerline of the levee and extending waterward a maximum of one hundred and fifty (150) feet from the centerline of the levee, the following conditions apply:
(1) Securely anchored fences and structures are permitted.
(2) Dwellings are permitted, if the finished floor level is at least two (2) feet above the design flood plane or two (2) feet above the 100-year flood elevation, whichever is higher.
(3) The finished floor level of any addition to an existing dwelling shall be at least two (2) feet above the design flood plane or two (2) feet above the 100-year flood elevation, whichever is higher.
(4) Dwellings and appurtenant structures are permitted within fourteen (14) feet of the top of the riverbank, provided the riverbank is revetted to board standards.
(5) Dwellings and appurtenant structures are not permitted within thirty (30) feet of the top of an unrevetted riverbank.
(e) Within the area beginning at a point one hundred and fifty (150) feet waterward from the centerline of the levee and extending waterward to the top of riverbank, the following conditions apply:
(1) Dwellings and fences are not permitted.
(2) Securely anchored structures that do not protrude above natural ground level may be allowed.
(3) Additions may be made to existing dwellings if the addition extends no farther into the floodway than the original dwelling.
(4) The finished floor level of any addition to an existing dwelling shall be at least two (2) feet above the design flood plane or two (2) feet above the 100-year flood elevation, whichever is higher.
(f) Materials or equipment stored within the floodway must be securely anchored or removed prior to the flood season.
(g) Downed trees or brush and other floatable material of any kind are not permitted to remain within the floodway during the flood season.
(h) The board permit approving the construction of a dwelling shall run with the land, pursuant to a recorded document executed pursuant to section 16(f).
Note: Authority cited: Section 8571, Water Code. Reference: Sections 8370, 8608 and 8710, Water Code.
s 134. Supplemental Standards for The Yuba River - Daguerre Point Dam to Confluence with The Feather River.
These standards are for dwellings and structures within the Yuba River floodway between Daguerre Point Dam and the confluence with the Feather River. These standards supplement and, where in conflict with, supersede the standards in sections 111 through 137.
(a) The following definition applies to this section:
(1) Permanent Dwelling - "Permanent Dwelling" means a dwelling that may be occupied throughout the year.
(b) The lower Yuba River flood channel is divided into Areas A, B, and C, as delineated on Figure 8.11. Area A is the flow area required to carry one hundred fifty thousand (150,000) cubic feet per second (cfs). Area A and Area B combined is the flow area required to carry two hundred thirty-five thousand (235,000) cfs. Area C is the remainder of the floodway within the flood control project levees. A map identifying the exact locations of Areas A, B and C, entitled "1995 Designated Floodway, Yuba River" is incorporated by reference into this regulation. The full-size map is available for inspection at the office of the board in Sacramento.
(c) Encroachments in Area A must conform to the general standards of this title, except that new dwellings for seasonal occupancy (as defined in section 113) and structures are not permitted.
(d) Encroachments in Area B must conform to the general standards of this title except that dwellings, structures, and mobile homes may be permitted in substantial areas of shallow flooding (water depth one (1) foot or less in a hundred-year flood) if they satisfy the requirements of subdivision (e) of this section and the requirements of section 113(d).
(e) Area C is considered a "zone B" as provided in section 113. Encroachments in Area C must conform to the general standards of this division, and in addition, meet the following requirements:
(1) The design flood plane for construction of permanent dwellings must correspond to the two hundred thirty-five thousand (235,000) cfs flow line or 100-year flood elevation, whichever is higher.
(2) New permanent dwellings are not permitted in Area C unless a safe evacuation route, satisfactory to the board, is available for the dwelling's residents.
(3) Roads that would be used to evacuate residents must be constructed to at least the one hundred fifty thousand (150,000 cfs flow line elevation, 100-year flood elevation, or at natural ground elevation, whichever is highest and may not unreasonably obstruct floodflows.
(4) The board may require the owner of a dwelling, pursuant to section 16, to execute an agreement in which the owner agrees to evacuate all residents and guests upon order of an authorized government official when flooding is forecasted for the area.
Note: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609, and 8710, Water Code.
s 135. Supplemental Standards for Butte Basin.
The standards apply to Butte Basin, as delineated on Figure 8.12 and partitioned into designated Areas B, C, D, E, and Reclamation District 1004. The basin's west boundary is the Sacramento River east bank project levee, and above the Ord Ferry area where there is no project levee, the boundary is the designated floodway of the Sacramento River adopted November 29, 1988. The east boundary is based on the wetted area of the 1970 flood. The north boundary is the Sacramento River designated floodway in the proximity of Murphy Slough and Golden State Island, and the south boundary is the Sacramento River between the city of Colusa and the Butte Slough outfall gates, a section of the Butte Slough levee in both Colusa and Sutter Counties, and Pass Road in Sutter County. These standards supplement and, where in conflict with, supersede the standards in section 111 through section 137.
(a) Approval from the board is required for any encroachment that could reduce or impede floodflows, or would reclaim any of the floodplain within Butte Basin.
(1) Encroachments in Reclamation District 1004 are not regulated by the board.
(2) The supplemental standards do not apply to that portion of Area E located north of the Butte-Sutter County line and its extension westward into Colusa County, and situated adjacent to the Sacramento River project levee where the natural ground level is higher than the 100-year flood elevation.
(3) Except where the activity would potentially affect a project levee or other project feature, the standards within sections 116, 122, 123, 124, 126, 127, 129, 130, 131, 132, and 137 do not apply to that portion of Area E located south of the Butte-Sutter County line and its extension westward into Colusa County.
(b) Approval from the board is not required for crop checks less than thirty-six (36) inches in height. In Areas B, C and D, all crop checks must be removed prior to flood season, unless they comply with the requirements of subdivisions (d), (e), and (f), respectively.
(c) Except where the activity would potentially affect a project levee or other project feature, approval from the board is not required for land leveling or grading, or for drainage and irrigation improvements in Areas C, D, and E that have a localized impact only and comply with subdivisions (e), (f), and (g) of this section.
(d) Within Area B, approval from the board is not required for any encroachment that is less than eighteen (18) inches in height above the natural ground level. However, any proposed encroachment within a slough or swale must be approved by the board. Area B extends southerly from Butte Basin's northerly boundary to a line located one thousand (1,000) feet southeasterly and lying parallel to the Parrott Grant line.
(e) Within Area C, approval from the board is not required for any encroachment less than thirty-six (36) inches in height above the natural ground level, and having a crest elevation less than seventy and one tenth (70.1) feet (NGVD). Area C is the area enclosed within a three- (3) mile radius measured from the center of Moulton Weir and limited by the southeasterly extensions of the north and south training levee alignments to the three- (3) mile arc.
(f) Within Area D, approval from the board is not required for any encroachment less than thirty-six (36) inches in height above the natural ground level and having a crest elevation less than fifty-four and nine tenths (54.9) feet (NGVD). Area D encompasses the Colusa Weir together with its outflow channel enclosed by training levees, and an overflow area extending to Butte Creek.
(g) Within Area E, approval from the board is not required for any encroachment less than thirty-six (36) inches in height above the natural ground level. The northern boundary of Area E is a line located one thousand (1,000) feet southeasterly of the south Parrott Grant line, and the southern boundary is formed by the Sacramento River between the city of Colusa and the Butte Slough outfall gates, a section of the Butte Slough levee in both Colusa and Sutter Counties, and Pass Road in Sutter County.
(h) Within that portion of Area E located south of Gridley Road, new and existing recreational structures, including caretaker, security, and dwellings for seasonal occupancy (as defined in section 113) may be permitted provided the finished floor level of the structure is at least two (2) feet above the design flood plane or two (2) feet above the 100-year flood elevation, whichever is higher.
Note: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
s 136. Supplemental Standards for Yolo Bypass and Sutter Bypass.
It is the board's policy to permit agricultural land use and the development of suitable wetlands within the Yolo Bypass and Sutter Bypass. The supplemental standards protect the flood control functions of the Yolo and Sutter Bypasses, safeguard existing agricultural land use, and control the development of proposed wetlands.
(a) Final detailed plans for all construction, grading and planting must be submitted to and approved by the board prior to the start of work.
(b) A detailed operation and maintenance plan must be submitted to and approved by the board prior to the start of work.
(c) A profile of the existing levee crown roadway and access ramps that will be utilized for access to and from the construction area must be submitted to the board prior to the start of work.
(d) Any damage to the levee crown roadway or access ramps attributable to the construction or maintenance of croplands or wetlands must be promptly repaired by the permittee.
(e) The planting of vegetation or the impoundment of water is not permitted within one thousand (1,000) feet of the Fremont Weir structure.
(f) The planting of vegetation or the impoundment of water shall not be permitted in any area where there could be an adverse hydraulic impact.
(g) Irrigated and nonirrigated pastures and croplands are allowed without permit from the board when consistent with the board's flowage easements.
(h) The planting of vegetation is generally permitted for the development of native marsh, riparian vegetation, and wetlands.
(i) Rooted vegetation and aquatic beds of floating (nonrooted) or submerged vegetation are generally permitted to be established in ponded water.
(j) The depth of ponded water must be controlled to prevent the growth of unauthorized vegetation that could adversely affect the operation of the flood control project.
(k) No permanent berms or dikes are permitted above natural ground elevation without a detailed hydraulic analysis except where otherwise expressly provided for in reservations contained in easement deeds to the Sacramento and San Joaquin Drainage District.
(l) Required maintenance may include removal, clearing, thinning, and pruning of all vegetation directly or indirectly resulting from the permitted project.
Note: Authority cited: Section 8571, Water Code. Reference: Sections 8608 and 8710, Water Code.
s 137. Miscellaneous Encroachments.
The following standards are to be used as a guide in making application to the board for miscellaneous encroachments. Not all possible miscellaneous encroachments, the number being unlimited, are listed. Those listed are typically the type proposed by residents within an adopted plan of flood control, and those necessary because of governmental requirements.
(a) Tanks used for storage of water or other liquids are not permitted within a levee section or within ten (10) feet of the levee toe. If placed within the floodway, or if placed in the projected levee section and within twenty-five (25) feet of the levee toe, a permit is required.
(b) Landside water retention basins must be located outside of the projected levee section and a minimum distance of twenty- five (25) feet from the levee toe plus any additional distance that may be determined to be required to control seepage.
(c) Steps for access on levee slopes must conform to the following criteria:
(1) Steps must be constructed of material resistant to deterioration. Acceptable materials include, but are not limited to, concrete, masonry, stone, pressure treated lumber, iron, and steel.
(2) Steps constructed on the waterward levee slope must be properly anchored to prevent movement during high water.
(3) Excavation in the levee slope made for the construction of steps may not exceed twelve (12) inches in depth.
(4) Steps must be constructed flush with the levee slope.
(5) Handrails are not permitted on steps if they interfere with levee maintenance unless they are required by law.
(6) Handrails, where permitted on waterward levee slopes, shall be designed to give way when subjected to debris loading.
(7) The permittee is responsible for the maintenance of steps and handrails.
(8) Revetment on a levee slope or streambank that is destroyed or disturbed during the construction of steps must be restored to its original condition by the permittee.
(d) Horizontal (elevated) access ways, with or without handrails, are permitted above the landside and waterward slopes of the levee if they do not interfere with levee maintenance and conform to the following criteria:
(1) Horizontal access ways may not exceed four (4) feet in width unless the levee slope immediately beneath the access way is revetted to board standards.
(2) The bottom of the stringers of horizontal access ways above the waterward levee slope must be a minimum of three (3) feet above the design flood plane elevation.
(3) Handrails on access ways may not extend onto the levee crown.
(4) On a levee where the crown is less than fourteen (14) feet in width, handrails must be a minimum of seven (7) feet from the centerline of the levee.
(5) Access way supports, or piers, must be constructed so as to minimize the possibility of trapping and accumulating floating debris.
(6) Revetment on a levee slope or streambank that is destroyed or disturbed during the construction of a walkway must be restored to its original condition by the permittee.
(7) Maintenance of an access way and the adjacent levee slope is the responsibility of the permittee, and any erosion of the levee slope must be promptly repaired.
(e) Mailboxes, when required by the U.S. Postal Service, are permitted on a levee section and must be placed at the extreme outer edge of the levee crown. If the levee crown is less than fourteen (14) feet in width, the mailbox must be a minimum of seven (7) feet from the centerline of the levee.
(f) Traffic control signs, directional or informational signs, and signs providing for public safety are permitted on a levee slope or on the edge of a levee crown.
(g) Bus shelters are permitted on a levee section where sufficient area is available for safe operation of vehicles, and the bus shelter is at least seven (7) feet from the centerline of the levee.
(h) Livestock grazing on levee slopes shall be controlled to prevent overgrazing and the development of livestock trails.
(i) The storage of materials or equipment, unless securely anchored, downed trees or brush, and floatable material of any kind are not allowed within a floodway during the flood season as defined in Table 8.1.
(j) Structures and the storage of material or equipment are not permitted on levee slopes.
(k) Structures, materials, and equipment may be placed on the levee crown if they do not prevent inspection and maintenance of the levee, obstruct floodfight procedures, and the following additional requirements are met:
(1) There is adequate levee crown width to provide a minimum of twenty (20) feet of unobstructed clearance for two-way vehicular traffic.
(2) Where a public road or highway is on the levee crown, the design width of the roadway including the roadway shoulders must remain clear.
(3) Materials or equipment may not be stored within fourteen (14) feet of the landward levee shoulder.
(4) Materials or equipment may be stored to within fourteen (14) feet of the waterward levee shoulder provided the waterward levee slope is revetted to board standards.
(5) Materials or equipment may not be stored within thirty (30) feet of the waterward levee shoulder of an unrevetted levee.
(l) Seismic surveys near a levee or within a floodway must meet the following criteria:
(1) Horizontal shear energy sources may not be used on any levee section or within fifty (50) feet of the levee toe. In areas having soils especially susceptible to damage, a more stringent control may be required.
(2) Energy charges for surveys must be a minimum distance of two hundred (200) feet from the levee toe.
(3) Energy charges for surveys must not exceed one (1) pound of charge per one hundred (100) feet of distance from the levee toe.
(4) Electrical cables used in seismic surveys may not interfere with periodic inspections and maintenance of flood control facilities or with flood fight procedures.
Note: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
s 190. Purpose and Authority.
These regulations are adopted by The Reclamation Board pursuant to Public Resources Code section 21082 to implement, interpret, and make specific those provisions of the California Environmental Quality Act which supplement the requirements of the regulations promulgated by The Secretary of the Resources Agency (Title 14, California Code of Regulations, commencing with Section 15000, hereinafter referred to as the "CEQA Guidelines").
Note: Authority cited: Section 21082, Public Resources Code; Section 8571, Water Code. Reference: Section 21082, Public Resources Code.
s 191. Incorporation of California Environmental Quality Act Guidelines.
(a) The CEQA Guidelines are hereby incorporated by reference as if fully set forth in this subchapter.
(b) The words used in this subchapter have the same meaning given them in the CEQA Guidelines, unless the context clearly requires a different meaning.
Note: Authority cited: Section 21082, Public Resources Code; Section 8571, Water Code. Reference: Section 21082, Public Resources Code.
s 192. Fees for Preparation of Negative Declaration or EIR.
(a) The board may charge and collect a reasonable fee from an applicant proposing a project for which the board must prepare an environmental impact report (EIR) or initial study and negative declaration. The fee will be an amount which will cover the costs incurred by the board or the department in preparing such EIR or initial study or negative declaration, and for procedures necessary to comply with CEQA.
(b) Where the board will charge a fee for the preparation of an EIR or initial study and negative declaration, it shall collect a deposit as provided in Section 503 of this title which is incorporated by reference.
(c) The board shall separately account for the deposit collected and the charges thereto. The status of the account shall be provided to the project proponent at regular periodic intervals established by mutual agreement. A final accounting shall be rendered by the board after the final EIR or negative declaration is considered and adopted or when the environmental review is otherwise terminated.
(d) If the final accounting shows that the deposit exceeds the actual costs incurred by the board, the excess shall be refunded. If the actual costs exceed the amount of the deposit, the project proponent shall be billed and pay the difference.
(e) The board may adjust or waive deposits or fees for minor projects.
Note: Authority cited: Section 21082, Public Resources Code; Section 8571, Water Code. Reference: Section 21089, Public Resources Code.
s 193. Categorically Exempt Activities.
In compliance with the requirements of the CEQA Guidelines, the following list of categorically exempt activities of the board has been established. This list is subject to the limitations on categorical exemptions set forth in the provisions of the state CEQA Guidelines. This list does not preclude categorical exemptions for other activities pursuant to CEQA or the CEQA Guidelines.
(a) Class 1 consists of operation, maintenance, or minor alteration of the following facilities where there is negligible or no expansion beyond that previously existing:
(1) Project works and related facilities;
(2) Nonproject levees and related facilities;
(3) Other flood control works which are the statutory responsibility of the department or which are the responsibility of the department as a "maintenance area;
(4) Flood control works of agencies with which the board has a local cooperation agreement, local cost sharing agreement or similar agreement;
(5) Existing encroachments.
(b) Class 2 includes replacement or reconstruction of existing structures and facilities where necessary at the facilities listed in Class I.
(c) Class 3 includes the location and construction of minor accessory structures and the installation of new equipment where necessary at the facilities listed in Class I.
(d) Class 4 includes approval of minor public or private alterations to land, or vegetation not involving the removal of mature and scenic trees, where necessary at the facilities listed in Class I.
(e) Class 5 includes the approval of minor encroachment permits, licenses, board designation of floodways pursuant to Water Code section 8609, and any board approval of existing encroachments.
(f) Class 6 includes the collection of basic data, research and experiments carried out by the board or Department, their officers and employees, which are necessary for planning and feasibility studies, investigations and preparation of environmental documents.
(g) Class 9 includes the inspection of the facilities listed in Class I and other approved encroachments or existing nonconforming encroachments.
(h) Class 12 includes the sale or exchange of surplus property, as limited by the CEQA Guidelines. Class XII also includes the issuance or grant of a license, lease, easement, or agreement pursuant to section 19.
(i) Class 13 includes acquisition of land for fish and wildlife conservation or mitigation purposes where the land will be preserved in its natural condition or where the habitat will be enhanced for fish and wildlife purposes.
(j) Class 14 includes acquisition, sale, or transfer of land for park or similar purposes as limited by the CEQA Guidelines.
(k) Class 21 includes the enforcement of the orders, terms, or conditions of approvals or permits of the board.
(l) Class 25 includes acquisition or transfer of land that will preserve open space as limited by the CEQA Guidelines.
Note: Authority cited: Section 8571, Water Code; and Section 21082, Public Resources Code. Reference: Section 21080.1 and 21082, Public Resources Code; Sections 8361 and 12878.21, Water Code; Title 14, California Code of Regulations, Sections 15300.4, 15301, 15302, 15303, 15304, 15305, 15306, 15309, 15312, 15313, 15314, 15321, 15325.
Appendix A
Appendix A
State of California The Resources Agency The Reclamation Board 1416 N inth
Street, Room 455-8 Sacramento, California 95814 Telephone: (916) 653-5726 FAX
(916) 653-5805
GENERAL INFORMATION REGARDING APPLICATIONS FOR ENCROACHMENT PERMITS
These instructions will provide you with information on how to prepare your application for a Reclamation Board encroachment permit.
Approval by the Board is required for projects or uses which encroach into rivers, waterways, and floodways within and adjacent to federal and State authorized flood control projects and within designated floodways adopted by the Board. You must obtain Board approval before you begin certain uses or construction work on any proposed project within these areas.
The Board exercises jurisdiction over the levee section, the waterward area between project levees, a 10-foot-wide strip adjacent the landward levee toe, within 30 feet of the top of the banks of unleveed project channels, and within designated floodways adopted by the Board. Activities outside of these limits which could adversely affect the flood control project are also under Board jurisdiction. Maps of designated floodways are available for inspection at the Board's office in Sacramento, city and county planning or public works departments, and county recorders' offices. Questions relative to proposed projects or uses which may require Board approval should be directed to The Reclamation Board, Attention: Floodway Protection Section, 1416 Ninth Street, Room 455-8, Sacramento, California 95814, or telephone (916) 653-5726.
Four copies of the completed application and drawings, one completed copy of the Environmental Questionnaire, and any other environmental documents must be submitted. The application must be made on forms provided by the Board and must contain the following information:
1. A concise description of the proposed project or use.
2. The county, section, township, range, and the base and meridian in which the proposed project or uses are located.
3. The name, address, telephone number, and FAX number (if any) of the applicant.
4. An endorsement must be obtained from the reclamation, levee, or flood control district responsible for levee maintenance. Special conditions may be added to the permit at the request of the district. If the maintaining district delays or declines to endorse the application, it may be submitted to the Board without endorsement with a written explanation as to why the application was not endorsed by the maintaining district.
5. A current list of the names and addresses of all the adjacent property owners.
6. If applicable, provide the name and address of the Lead Agency responsible for preparing environmental documentation regarding the proposed project as required by the California Environmental Quality Act of 1970. The environmental questionnaire provided by the Board must be completed and submitted as part of your application. (continued)