California Code of Regulations
Title 23 - Waters
Division 1 - Central Valley Flood Protection Board
Chapter 1 - Organization, Powers and Standards
Article 8 - Standards
Section 137 - Miscellaneous Encroachments

Universal Citation: 23 CA Code of Regs 137

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

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.

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 and 8710, Water Code.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.