California Code of Regulations
Title 23 - Waters
Division 2 - Department of Water Resources
Chapter 2.7.1 - Flood Protection Corridor Program of the Costa-Machado Water Act of 2000
Section 497.8 - Public Hearings

Universal Citation: 23 CA Code of Regs 497.8

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

Public hearings for projects shall conform to the following:

(a) The Department shall hold public hearings for all projects requiring acquisition of property rights, prior to acquisition of those rights, and may hold public hearings for other projects as it deems advisable.

(b) Hearings shall be held in the county or one of the counties where the project is located. If all or a portion of the project is in a municipality, the hearing shall be held in the municipality or one of the municipalities where the project is located.

(c) The Department shall give notice of the hearing in accordance with the following:

(1) Notice shall be given by mail at least 10 days before the hearing to the Board of Supervisors of the affected county or counties, adjacent landowners, affected water districts, local municipalities, individuals and organizations that have requested notice, and other interested parties as determined by the Department.

(2) Notice of the hearing shall be given to the general public by publication in at least one newspaper of general circulation in the local community for at least once a week for two successive weeks.

(3) The notice shall set the time and place of the hearing which shall be not less than 10 days following the completion of publication. The notice shall state that the purpose of the hearing is to inform and obtain comment from the public on the proposed acquisition of property rights for the project or projects. The notice may include other specific subjects pertaining to the project.

(4) Additionally, notice may be circulated by electronic mail, web site posting or other methods that provide easy access and prompt availability.

(d) Any owner of land in or adjacent to the project or other interested person may offer and the Department shall receive any relevant evidence or testimony concerning the proposed property acquisitions or other subject specified in the hearing notice or by the hearing officer.

(e) The Department shall prepare a summary of comments made at the hearing.

(f) Within 30 working days after the public hearing, the Department shall make the summary of comments available.

1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 34).

Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Section 79042, Water Code.

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