Cal. Code Regs. tit. 23 § 133

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 133 - Supplemental Standards for Control of Residential Encroachments in Reclamation District 1000

These standards apply only to the construction, reconstruction, or repair of dwellings and associated improvements on the left bank waterward berm and waterward levee slope of the Sacramento River between levee miles 0.00 and 18.60, Unit 1, Reclamation District 1000. These standards supplement and, where in conflict with, supersede the standards in section 111 through section 137. While these standards are not specifically for commercial construction, in general, the principles in this section will apply to commercial development.

(a) The owner or permittee must maintain the waterward slope of the levee and the utilized area within the floodway of the Sacramento River in the manner required by Reclamation District 1000 or any other agency responsible for maintenance.
(b) The area between the waterward levee shoulder and the riverbank may be filled, provided the fill does not extend more than one hundred fifty (150) feet waterward from the centerline of the levee crown.
(c) Within the area located between the waterward levee shoulder and a point sixty-five (65) feet waterward from the centerline of levee, the following conditions apply:
(1) Where the area is less than one (1) foot above the design flood plane, driveways and ramps may be constructed at any orientation to the levee.
(2) Where the area is less than one (1) foot above the design flood plane, fences parallel to the levee must be an open type and constructed to provide for the unobstructed visual inspection of the levee slope and toe from the levee crown roadway.
(3) Where the entire area is at least one (1) foot above the design flood plane, no restrictions apply to fences, walls, and similar structures.
(4) Elevated walkways and driveways are permitted without elevation restrictions.
(d) Within the area beginning at a point sixty-five (65) feet waterward from the centerline of the levee and extending waterward a maximum of one hundred and fifty (150) feet from the centerline of the levee, the following conditions apply:
(1) Securely anchored fences and structures are permitted.
(2) Dwellings are permitted, if the finished floor level is at least two (2) feet above the design flood plane or two (2) feet above the 100-year flood elevation, whichever is higher.
(3) The finished floor level of any addition to an existing dwelling shall be at least two (2) feet above the design flood plane or two (2) feet above the 100-year flood elevation, whichever is higher.
(4) Dwellings and appurtenant structures are permitted within fourteen (14) feet of the top of the riverbank, provided the riverbank is revetted to board standards.
(5) Dwellings and appurtenant structures are not permitted within thirty (30) feet of the top of an unrevetted riverbank.
(e) Within the area beginning at a point one hundred and fifty (150) feet waterward from the centerline of the levee and extending waterward to the top of riverbank, the following conditions apply:
(1) Dwellings and fences are not permitted.
(2) Securely anchored structures that do not protrude above natural ground level may be allowed.
(3) Additions may be made to existing dwellings if the addition extends no farther into the floodway than the original dwelling.
(4) The finished floor level of any addition to an existing dwelling shall be at least two (2) feet above the design flood plane or two (2) feet above the 100-year flood elevation, whichever is higher.
(f) Materials or equipment stored within the floodway must be securely anchored or removed prior to the flood season.
(g) Downed trees or brush and other floatable material of any kind are not permitted to remain within the floodway during the flood season.
(h) The board permit approving the construction of a dwelling shall run with the land, pursuant to a recorded document executed pursuant to section 16(f).

Cal. Code Regs. Tit. 23, § 133

1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).

Note: Authority cited: Section 8571, Water Code. Reference: Sections 8370, 8608 and 8710, Water Code.

1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).