(a) Adopted Plan of Flood Control. "Adopted Plan of Flood Control" means a flood control or reclamation strategy for a specific area that has been adopted by the board or the Legislature and includes the following: (1) In the case of project flood channels without levees, it means the natural stream channel and overbank area at design flood levels;(2) In the case of project channels with levees, it means the area between and including the project levees, and includes: (A) Additional area outside of the project levees where encroachments could affect the integrity, functioning or maintenance of the works (generally ten [10] feet landward of the levee toe);(B) Any flowage areas that are part of the federal or state flood control project; and(C) Areas where there are flowage easements; and(3) In the case of designated floodways, it means the area between the encroachment lines. For purposes of this section, boundary lines and encroachment lines are interchangeable terms.(4) Where levees are involved, the "Adopted Plan of Flood Control" extends at least ten (10) feet landward from the levee toe except where an operation and maintenance manual furnished pursuant to 33 C.F.R. 208.10 or the real property rights acquired by the board specifically provide otherwise.(b) Berm. "Berm" means the strip of ground between the waterward levee toe and the top of the bank of the low water channel.(c) Board. "Board" means The Central Valley Flood Protection Board of the Resources Agency of the State of California as provided in Water Code section 8521.(d) CEQA. "CEQA" means the California Environmental Quality Act, beginning at Public Resources Code section 21000.(e) Chief Engineer. "Chief engineer" means the person appointed by the board pursuant to Water Code section 8581 for that purpose.(f) Conforming Existing Encroachment. "Conforming existing encroachment" means an existing facility or use that is consistent with these regulations.(g) Crest Elevation. "Crest elevation" means the elevation of the top of a levee, dike, or dam.(h) Department. "Department" means the Department of Water Resources of The Resources Agency of the State of California as provided in Water Code section 120.(i) Designated Floodway. "Designated floodway" means either:(1) the channel of the stream and that portion of the adjoining floodplain reasonably required to provide for the passage of a design flood, as indicated by floodway encroachment lines on an adopted map; or(2) the floodway between existing levees as adopted by the board or the Legislature.(j) Design Flood. "Design flood" means the flood against which protection is provided or may eventually be provided by means of flood protection or control works, or that flood which the board otherwise determines to be compatible with future developments.(k) Design Flood Plane. "Design flood plane" means the water surface elevation at design flow as determined by the Army Corps of Engineers, the Board, or Federal Emergency Management Agency, or other higher elevations based upon best available information, as determined by the board.(l) Dwelling. "Dwelling" means an improvement of real property used, intended to be used, or suitable to be used for residential purposes, including, but not limited to, living, sleeping, cooking, or eating.(m) Encroachment. "Encroachment" means any obstruction or physical intrusion by construction of works or devices, planting or removal of vegetation, or by whatever means for any purpose, into any of the following: (1) any flood control project works;(2) the waterway area of the project;(3) the area covered by an adopted plan of flood control; or(4) any area outside the above limits, if the encroachment could affect any of the above.(n) Floodway. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that convey flood waters.(o) Floodway Encroachment Lines. "Floodway encroachment lines" means the exterior limits of any designated floodway.(p) Executive Officer. "Executive Officer" means the person appointed by the board pursuant to Water Code section 8581 for that purpose.(q) Impervious Material. "Impervious material" means soil which has twenty (20) percent or more of its particles passing the No. 200 sieve, a plasticity index of eight (8) or more, and a liquid limit of less than fifty percent (50%).(r) Lawful existing encroachment. "Lawful existing encroachment," as used in Water Code section 8709.4(a), shall mean an encroachment for which the board has previously issued a valid permit or otherwise authorized by written instrument approved by the board.(s) Levee Section. "Levee section" means the physical levee structure from the landward toe to the waterward toe.(t) Levee Toe. "Levee toe" means the point of intersection of the levee slope with natural ground.(u) Low-Flow Channel. "Low-flow channel" means the flowage within a natural channel below top of bank.(v) Maintenance Activities. "Maintenance activities" means any work required to retain or maintain the intended functions of flood control facilities and of existing encroachments. Maintenance activities include but are not limited to mowing, tree and brush trimming and removal, revetment restoration, rodent control, spraying, painting, coating, patching, burning, and similar works; but does not include any significant excavation or any excavation during flood season. Maintenance activities of public agencies to maintain the designated level of function of flood control facilities within their jurisdiction are authorized and defined by Water Code sections 8361, 8370 and 12642.(w) Mobile Home. "Mobile home" means a structure transportable in one or more sections and includes any manufactured home, but does not include a recreational vehicle.(x) Nonconforming Existing Encroachment. "Nonconforming existing encroachment" means an existing facility or use that is inconsistent with these regulations.(y) Nonproject Works. "Nonproject works" means the entirety or any component of a flood control project within the board's jurisdiction that is neither project works nor designated floodways.(z) Obstruction. "Obstruction" means any natural or artificial structure or matter which: (1) may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water; or(2) that is placed where the flow of water could carry it downstream to the damage or detriment of either life or property.(aa) Parties. "Parties" means permit applicants, the board, protestants, and interested public agencies.(bb) Permit. "Permit" means the approval issued by the board that approves a plan of work, with or without conditions, that results in an encroachment.(cc) Permitted Uses. "Permitted uses" means flood control project works or other structures, improvements, and land uses in the floodway that alone or cumulatively, in the judgment of the board, will not unduly impede the free flow of water in a stream or jeopardize public safety.(dd) Project Works. "Project works" means the entirety or any component of a flood control project within the area of the board's jurisdiction that has been approved or adopted by the board or the Legislature, including state or federally constructed levees, bank protection, weirs, pumping plants, and any other related flood control works, or rights-of-way.(ee) Projected Levee Section. "Projected levee section" means the projection of the levee slope below natural ground at two (2) feet horizontal to one (1) foot vertical (2:1) landside and three (3) feet horizontal to one (1) foot vertical (3:1) waterside.(ff) Recreational Vehicle. "Recreational vehicle" means any travel trailer, camp car, motor home, tent trailer, or other similar vehicle, with or without power, which is designed or used for human habitation and which may be moved upon a public highway, but does not include a mobile home.(gg) Respondent. "Respondent" means the person named in an enforcement proceeding notice served and filed pursuant to Sections 20, 21, and 22 of this title.(hh) Revetment. "Revetment" means a layer or layers of material, such as stone or concrete, to prevent soil erosion.(ii) River Mile. "River mile" means the mile along the river channel indicated on a quandrangle map published by the United States Geological Survey or as otherwise indicated on a map adopted by the board.(jj) State Plan of Flood Control. "State Plan of Flood Control" shall have the same meaning as defined in subdivisions (e) and (j) of section 5096.805 of the Public Resources Code, including the state and federal flood control works, lands, programs, plans, conditions, and mode of maintenance and operations of the Sacramento River Flood Control Project described in Section 8350 of the Water Code, and of flood control projects in the Sacramento River and San Joaquin River watersheds authorized pursuant to Article 2 (commencing with Section 12648) of Chapter 2 of Part 6 of Division 6 of the Water Code for which the board or the department has provided the assurances of nonfederal cooperation to the United States.(kk) Stream. "Stream" means natural or regulated water flowing in any natural or artificial channel. Streams may be perennial, flowing continuously; intermittent or seasonal, flowing only at certain times of the year; or ephemeral, flowing only in direct response to precipitation.(ll) Top of Bank. "Top of bank" means the point of intersection of the berm with the bank.(mm) Toe of Bank. "Toe of bank" means the point of intersection of the bank with the bottom of the channel of a waterway.Cal. Code Regs. Tit. 23, § 4
1. Amendment of article 2 heading, new article 2 (sections 4 through 5) and renumbering and amendment of old section 46 to new section 4 filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 85, No. 26.
2. Amendment of subsections (a)(1), (a)(3)-(4) and (c) filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).
3. Amendment of subsection (p), new subsections (r) and (jj), subsection relettering and amendment of NOTE 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 8361, 8370, 8521, 8522, 8523, 8581, 8608, 8630, 8709 and 8710, Water Code; Section 65007, Government Code; and Section 5096.805, Public Resources Code.
1. Amendment of article 2 heading, new article 2 (sections 4 through 5) and renumbering and amendment of old section 46 to new section 4 filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 85, No. 26.
2. Amendment of subsections (a)(1), (a)(3)-(4) and (c) filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).
3. Amendment of subsection (p), new subsections (r) and (jj), subsection relettering and amendment of Note filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).