Section 16 - Permit Conditions(a) Any board permit may include and be subject to such reasonable conditions as deemed appropriate by the board, and may include mitigation for effects of the approved activity on the environment.(b) The permit may require inspection by the board, its officers, or staff before, during, and after construction, and at regular intervals thereafter. The board may charge and collect a reasonable fee from an applicant to recover inspection costs, including staff or consultant time and expenses.(c) The permit may require a reporting and monitoring program for any mitigation required by the board to avoid significant effects on the environment.(d) The permit may require the filing with the board of reports and data, including a description of all work done under the approved application. The board may also request in writing at any time any reports or data, even if not expressly stated in a condition to the decision.(e) The permit shall require that all of the work must be in accordance with the submitted drawings and specifications and accomplished in a professional manner.(f) The permit may require the owner of an encroachment, or the owner of real property upon which the encroachment is located, to execute and cause to be recorded a document which imposes a covenant, restriction, servitude, or combination thereof, which runs with the land and binds all owners, heirs, successors, lessees, agents, and assigns, and would be enforceable by the board or its successor. This requirement may be imposed where there are particular concerns about permit compliance, such as where there may have been previous permit violations by the applicant or where record notice to successors-in-interest to the applicant or landowner is deemed appropriate.(g) The permit may require the applicant to provide notice of the continuing flood threat to occupants and potential occupants of property subject to flood risk.(h) The permit may require additional conditions requested by the Corps and the local maintaining agency.(i) The permit shall require exercise of reasonable care to operate and maintain any work authorized by the permit to prevent injury or damage to any works necessary to any adopted plan of flood control, or interference with the successful execution, functioning, or operation of any present adopted plan of flood control or future plan. The permittee shall maintain the permitted encroachment and the project works within the utilized area in the manner required by the authorized representative of the department or any other agency responsible for flood control maintenance.(j) The permit may require the permittee to be responsible for all personal liability and property damage which may arise out of permittee's actions or failure to perform the obligations of the permit. The permittee shall agree to save and hold the state free and harmless from, and to defend and indemnify the state against, any and all claims and liability, including but not limited to, personal injury or property damage arising or claimed to arise, directly or indirectly, from the uses of land pursuant to the permit. The permittee shall agree to release the state from responsibility or liability for any damages that may be caused to the encroachment by operation of the flood control project or from the releases of water from storage reservoirs. The permittee shall also agree to be precluded from receiving state disaster assistance for flood damage to the permitted works, except as provided by a flood insurance policy.(k) The permit may require that if the work covered by the permit is not commenced within one year after the issuance of the permit, the board may revoke the permit or change any condition in the permit as may be consistent with current flood control standards and policies of the board.(l) The permit may provide that commencement of work under a permit constitutes an acceptance of the conditions of the permit.(m) If any of the work does not conform to the conditions of the permit, the permittee, upon the order of the Executive Officer or Chief Engineer, shall, in the manner prescribed, be responsible for the cost and expense to remove, alter, relocate, or reconstruct all or any part of the work.(n) The permit may require the permittee, at permittee's cost and expense, to remove, alter, relocate, or reconstruct all or any part of the permitted work if the removal, alteration, relocation, or reconstruction is necessary under or in conjunction with any present or future flood control plan or if damaged by any cause.(o) The permit may require the permittee to mitigate for the hydraulic impacts of the permitted works by reducing or eliminating the additional flood risk to third parties created by the permitted works.(p) Liability insurance may be required to be provided naming the State and the local maintaining agency performing flood control maintenance as additional insureds.Cal. Code Regs. Tit. 23, § 16
1. Repealer of article 3 heading, renumbering and amendment of old section 16 to new section 8, and new section 16, including renumbering of old section 22 to new section 16(d) filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 69, No. 25.
2. Amendment of subsection (m) 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 21002, 21081 and 21081.6, Public Resources Code; Sections 8608 and 8710, Water Code; Title 33, Code of Federal Regulations, Section 208.10.
1. Repealer of article 3 heading, renumbering and amendment of old section 16 to new section 8, and new section 16, including renumbering of old section 22 to new section 16(d) filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 69, No. 25.
2. Amendment of subsection (m) filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).