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

Universal Citation: 23 CA Code of Regs 5

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) For the purposes of this division, all permitting duties of the board, including but not limited to the review and approval of encroachment permit applications and administrative permit revocations pursuant to sections 28 and 28.1 are hereby delegated to the Executive Officer, with the exception of the following:

(1) Permits or other approvals that significantly affect any element of the State Plan of Flood Control or other adopted plan of flood control. Encroachments that do not significantly affect any element of the State Plan of Flood Control or other adopted plan of flood control are defined in subsection (b).

(2) Permits or other approvals for which the board has not received written comments from the U.S. Army Corps of Engineers pursuant to 33 C.F.R. section 208.10 or for which approval is required by the South Pacific Division or Headquarters of the U.S. Army Corps of Engineers, where the U.S. Army Corps of Engineers has jurisdiction.

(3) Permits or other approvals which may create, in the judgment of the Executive Officer or Chief Engineer, more than a de minimus hydraulic impact to an adopted plan of flood control, including, for example, an increase in water surface elevation, a reduction of adequate freeboard, inability to convey design discharge, alteration of flow velocities or directions, increased scour, or expansion of the geographical floodplain or floodway inundation.

(4) Permits or other approvals which may have, in the judgment of the Executive Officer or Chief Engineer, adverse geotechnical impacts to an adopted plan of flood control, including but not limited to increases in under seepage or through seepage, slope-stability issues, increased phreatic pressures, and static or dynamic loading that exceed recommended thresholds.

(5) Permits or other approvals for which a formal written protest has been filed pursuant to Section 12.

(6) Permits or other approvals which require a variance, as defined in Section 11.

(7) Permits or other approvals in which the maintaining agency has not endorsed the application pursuant to Section 7.

(8) Permits or other approvals which, in the judgment of the Executive Officer, may be controversial matters, based on substantial public concern, or for which the Executive Officer has received substantial negative public comment.

(9) Permits or other approvals which, in the judgment of the Executive Officer, may involve significant policy considerations.

(10) Permits or other approvals requiring the preparation of an environmental impact report by the board.

(11) Permits or other approvals involving residential developments, as defined in Section 113.

(12) Permits or other approvals involving surface mining except extensions of time for existing operations.

(b) Subject to subsection (a) the following types of encroachment permits, when in compliance with this division and the board's obligations to the U.S. Army Corps of Engineers, do not significantly affect any element of the State Plan of Flood Control or other adopted plan of flood control and are delegated to the Executive Officer for review and approval:

(1) Pipelines, conduits, and overhead utilities;

(2) Irrigation and drainage ditches;

(3) Septic systems;

(4) Retaining walls;

(5) Fences and gates;

(6) Private, non-commercial boating facilities;

(7) Water wells;

(8) Patrol roads and access ramps;

(9) Orchards, landscaping, and vegetation;

(10) Bicycle, pedestrian and equestrian trails;

(11) Stairs and steps;

(12) Replacement of an existing permitted encroachment without an increase in scope or size;

(13) Above ground encroachments installed more than ten (10) feet landward of the landside levee toe.

(c) For all encroachment permit applications delegated to the Executive Officer pursuant to subsections (a) and (b) above, a short summary of the project and the proposed action on the permit shall be posted on the board's website for thirty (30) calendar days prior to the decision. During this posting period the public may provide the Executive Officer with comments on the proposed action. The Executive Officer shall not be required to respond to such comments or change the proposed action based upon such comments.

(d) The Executive Officer shall make periodic reports to the board regarding encroachment permit applications acted upon pursuant to the delegated authority in subsection (a).

(e) The Executive Officer shall have authority to approve notices of exemption, initial studies and negative declarations, notices of preparation, requests for shortened review, and notices of determination prepared pursuant to CEQA. The Executive Officer may conduct public hearings on any matter identified in this subsection. The Executive Officer may distribute draft environmental impact reports.

(f) The Executive Officer may authorize or direct work and approve permits or other matters in response to emergencies or situations that present an imminent threat to public safety in accordance with Section 17.

(g) The board may, by resolution or written agreement, delegate other duties and responsibilities to the Executive Officer, the Director of the department, or others, with the authority to redelegate.

1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
2. Amendment of section and NOTE 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).
4. Amendment of subsection (a), repealer of subsection (g) and subsection relettering filed 1-4-2023; operative 4-1-2023 (Register 2023, No. 1).

Note: Authority cited: Section 8571, Water Code. Reference: Sections 8581, 8610.5 and 8710, Water Code.

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