23 CA ADC § 108


      23 CCR s 108

      Cal. Admin. Code tit. 23, s 108


      CALIFORNIA CODE OF REGULATIONS
      TITLE 23. WATERS
      DIVISION 1. RECLAMATION BOARD
      CHAPTER 1. ORGANIZATION, POWERS AND STANDARDS
      ARTICLE 6. EXISTING ENCROACHMENTS WITHIN AN ADOPTED PLAN OF FLOOD CONTROL
      This database is current through 05/19/06, Register 2006, No. 20.

      s 108. Existing Encroachments.

      (a) Upon adoption of a plan of flood control, an existing facility or use 
      shall be allowed to continue as provided below:

      (1) A permit or order shall be automatically issued for all conforming 
      existing facilities and uses. The facility or use may not be changed, 
      extended, or expanded without a new application to and approval by the 
      board. If the facility is abandoned, it shall be removed at the expense of 
      the owner and not replaced.

      (2) Nonconforming existing encroachments that do not have a major 
      detrimental impact shall be allowed to continue under a permit or order 
      until abandoned or until they are destroyed or damaged, by any cause, to 
      the cumulative extent of more than fifty (50) percent of their market 
      value or their physical usefulness during any 10-year period. The facility 
      or use may not be changed, extended, or expanded without a new application 
      to and approval of the board. If the facility is abandoned, it shall be 
      removed at the expense of the owner and not replaced.

      (3) Nonconforming existing encroachments that have a major detrimental 
      impact shall be removed, abandoned, or suitably modified at no cost to the 
      owner, if they have been in existence prior to the adoption or 
      authorization of a project by the United States or prior to the adoption 
      or authorization of a plan of flood control by the state.

      (4) Nonconforming existing facilities or uses that have a major 
      detrimental impact on the adopted plan of flood control and which were not 
      in existence at the time of adoption of the plan of flood control shall be 
      removed, abandoned, or suitably modified as directed by the board, all at 
      the expense of the owner, and within a period of time specified by the 
      board.

      (b) The board shall make the final determination as to whether the 
      facility or use has or has not a major detrimental impact within the 
      adopted plan of flood control or on project facilities, and shall advise 
      the owner of the facility or use of any action required.


      


      Note: Authority cited: Section 8571, Water Code. Reference: Sections 8609 
      and 8710, Water Code. 


       HISTORY 
         
      1. New article 6 (section 108) and renumbering and amendment of old 
      sections 85
      and 86 to new section 108 and new section filed 9-30-96; operative 
      10-30-96 
      (Register 96, No. 40). For prior history, see Register 69, No. 25. For
      prior history, see Register 72, No. 14.
      23 CA ADC s 108

      END OF DOCUMENT

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