23 CA ADC § 131
23 CCR s 131
Cal. Admin. Code tit. 23, s 131
CALIFORNIA CODE OF REGULATIONS
TITLE 23. WATERS
DIVISION 1. RECLAMATION BOARD
CHAPTER 1. ORGANIZATION, POWERS AND STANDARDS
ARTICLE 8. STANDARDS
This database is current through 05/19/06, Register 2006, No. 20.
s 131. Vegetation.
(a) The following definitions apply to this section:
(1) Oversize levee. "Oversize levee" means a levee which encompasses the
minimum oversized levee cross-section which has a width of thirty (30)
feet at design freeboard elevation and standard levee slopes. (See Figure
8.10.)
(2) Standard size levee. "Standard size levee" means a levee which does
not meet the requirements for an oversize levee.
(3) Standard levee slopes. "Standard levee slopes" means the landside
levee slope is two (2) horizontal feet to one (1) vertical foot and the
waterside levee slope is three (3) horizontal feet to one (1) vertical
foot.
(b) Suitable vegetation, if properly maintained, is permitted within an
adopted plan of flood control.
(c) Vegetation must not interfere with the integrity of the adopted plan
of flood control, or interfere with maintenance, inspection, and flood
fight procedures.
(d) With the exception of naturally occurring vegetation which the owner
of the underlying land has no responsibility to maintain, any vegetation
which interferes with the successful execution, functioning, maintenance
or operation of the adopted plan of flood control, must be removed by the
owner. If the owner does not remove such vegetation upon request, the
board reserves the right to have the vegetation removed at the owner's
expense.
(e) Tables 8.3 through 8.6 indicate common types of vegetation considered
suitable and unsuitable for planting on levees. Other types of vegetation,
not listed in Tables 8.3 through 8.6, may be approved if determined to be
similar to listed suitable species or not detrimental to the integrity,
operation, or maintenance of the adopted plan of flood control.
(f) Vegetation and vegetation maintenance standards for levees are as
follows:
(1) Vegetation is not permitted on the levee crown roadway. Only properly
maintained grasses or suitable ground covers are permitted on other
portions of the levee crown.
(2) Vegetation growing on levee slopes but infringing onto the levee crown
must be trimmed or sprayed to prevent interference with flood fight,
maintenance, or inspection activities.
(3) Tree branches extending above the levee crown or above the area within
ten (10) feet of the levee toe, must be pruned to maintain a minimum of
twelve (12) feet vertical clearance above the levee crown and above the
area within ten (10) feet of the levee toe.
(4) Tree branches above levee slopes must be pruned and maintained so that
the distance from the levee slope to the lowest branches, measured normal
to the levee slope, is a minimum of five (5) feet.
(5) Trees are not permitted on the crown or slopes of a standard size
levee or within ten (10) feet of the toe of a standard or oversize levee.
Planted trees must be set back a sufficient distance from the levee toe to
conform with the requirements of subdivision (f)(3) of this section
throughout the life of the tree.
(6) Trees are permitted on oversize levee slopes according to the
following additional criteria:
(A) Trees considered suitable and unsuitable for oversize levees are
listed in Tables 8.3 and 8.4 respectively.
(B) Trees which will exceed fifty (50) feet in height when mature are not
permitted.
(C) Trees are permitted on the waterside levee slope of oversize levees up
to a point five (5) vertical feet below the design flood plane.
(D) Trees that, in the judgment of the board, threaten to disturb
revetment on levee slopes or interfere with maintenance must be removed.
(E) Fruit and nut trees are not allowed.
(7) Trees, vines, bushes, shrubs, or any other form of woody or herbaceous
vegetation that grow in a dense form and prevent visual inspection of the
levee slope and toe, produce fruit or nuts that attract burrowing rodents,
or are thorny and could interfere with flood fight efforts, are not
permitted on the levee or within ten (10) feet of the levee toe.
(8) Sod, grasses, perennial flowers, and other nonwoody ground covers are
permitted on levee slopes and within ten (10) feet of the levee toe if the
height of the vegetation does not exceed twelve (12) inches. Ground covers
considered suitable and unsuitable on levee slopes and within ten (10)
feet of the levee toe are listed in Tables 8.5 and 8.6, respectively. In
areas where vehicular access is maintained along the levee toe, ground
covers are generally not permitted.
For ground covers with specific maintenance requirements (see Table 8.5):
(A) The permittee is responsible for maintaining the ground cover at a
height less than one (1) foot;
(B) The maintaining agency reserves the right to mow the groundcover
without prior notification if the height exceeds one (1) foot;
(C) Any irrigation system for the ground cover must be designed to not
interfere with mowing;
(D) Ground covers that are required by this subdivision to be mowed are
generally allowed only on the upper twenty (20) feet of levee slope.
(9) Thick-stemmed, extremely dense or woody ground covers are not
permitted on levee slopes or within ten (10) feet of the levee toe.
(10) Flower gardens where the height of the vegetation does not exceed
twelve (12) inches and which are compatible with flood fight procedures,
maintenance, and inspection programs are permitted within ten (10) feet of
the levee toe.
(g) Vegetation and vegetation maintenance standards for floodways and
bypasses are as follows:
(1) Vegetation is permitted within revetment on streambanks unless, in the
judgment of the board, it becomes a threat to the integrity of the
revetment.
(2) Invasive or difficult-to-control vegetation, whether naturally
occurring or planted, that impedes or misdirects floodflows is not
permitted to remain on a berm or within the floodway or bypass.
(3) The board may require clearing and/or pruning of trees and shrubs
planted within floodways in order to minimize obstruction of floodflows.
(4) Trees and brush that have been cut down must be burned or removed from
the floodway prior to the flood season.
(h) Orchards are not permitted within bypasses but may be planted within
other floodways in accordance with the following criteria:
(1) If an orchard is abandoned, all trees must be removed and burned or
disposed of outside the floodway prior to flood season.
(2) Trees or brush cut prior to planting an orchard must be removed and
burned or disposed of outside the floodway prior to flood season.
(3) Orchard cuttings and any debris that may accumulate in the orchard
during the flood season must be removed from the floodway, or must be
disposed of in such a manner as to leave no floatable debris within the
floodway. Cuttings and other debris must regularly be burned or removed
and disposed of outside the floodway throughout pruning activities so as
to leave no floatable debris within the floodway.
(4) Dead trees, stumps, prunings, or other agricultural debris may not be
placed on the levee section or within ten (10) feet of the levee toe.
(5) Tree rows must be parallel to the direction of the overbank flow and
may not direct the flow toward the levee.
(6) The spacing between rows must be a minimum of sixteen (16) feet
perpendicular to the overbank flow of the stream. The row spacing must be
increased if, in the judgment of the board, additional space is necessary
for the passage of floodflows.
(i) Vegetable gardens are not permitted on the levee slope. Vegetable
gardens may be permitted within ten (10) feet of the levee toe where they
will not interfere with maintenance and inspection and meet the following
conditions:
(1) No large bushy plants such as corn, tomatoes, grapes and peas are
within ten (10) feet of the levee toe;
(2) There is not a maintenance access road along the levee toe;
(3) The adjacent levee slope is not sprayed with herbicide by the
maintaining agency; and
(4) The levee is not experiencing burrowing rodent activity. If there is
burrowing rodent activity in the immediate vicinity, the vegetable garden
permittee shall control the rodents to the satisfaction of the Board or
remove the garden.
(j) Irrigation of vegetation on levee slopes must conform to the following
criteria:
(1) Permanently installed irrigation systems are permitted on both slopes
of oversize levees and on the landside slope of standard size levees.
(2) Surface low pressure drip irrigation systems may be used on either the
landside or waterside levee slope.
(3) Any water applied to vegetation on the levee slope by any means must
be controlled to prevent erosion of the levee slope.
(4) Ditches may not be dug in the levee section, within ten (10) feet of
the levee toe, or within the projected levee section for irrigation or
drainage.
(5) Watering basins around trees must be limited to a maximum depth of
twelve (12) inches.
(6) Permanently installed irrigation pipes may be buried but may be no
deeper than eight (8) inches into the levee slope.
(7) A readily accessible shutoff or control valve is required in the
supply line of all irrigation systems. The valve must be located a minimum
of ten (10) feet landward of the levee toe and must be clearly identified
for levee maintenance or flood fight personnel.
(8) Pipes supplying water to permanently installed sprinkler heads must be
of approved material such as galvanized iron, schedule 40 polyvinyl
chloride (PVC), class L copper, or equivalent. Aluminum pipe is not
permitted.
(k) The board may permit, with appropriate conditions, existing
nonconforming vegetation after considering a number of factors, including
but not limited to:
(1) Age of vegetation;
(2) Type of vegetation;
(3) Location of vegetation;
(4) Size of vegetation;
(5) Physical condition of vegetation;
(6) Whether the vegetation was planted or is naturally occurring;
(7) Condition of the adopted plan of flood control;
(8) Environmental value of the vegetation; and
(9) Ability to inspect and maintain the levee around the vegetation.
(l) Trees removed from the levee and from within ten (10) feet of the
levee shall have all roots larger than one- and one-half (1-1/2) inches in
diameter removed for a distance of at least three (3) feet from the tree
trunk at ground level and the hole filled with impervious soil compacted
in four- (4) to six-(6) inch lifts. Compaction within the levee section
shall be a relative compaction of not less than ninety percent (90%), per
ASTM D1557-91, dated 1991, which is incorporated by reference. Outside of
the levee section, the soil shall be compacted to at least the density of
adjacent undisturbed material.
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Table 8.2 Partial List of Trees Suitable for Oversize Levees
Alder, white Alnus rhombifolia
Box Elder Acer negundo
California pepper tree (male only) Schinus molle
Carob tree (male only) Ceratonia siliqua
China-berry Melia azedarach
Chinese pistache Pistacia chinensis
Coast beefwood Casuarina stricta
Common catalpa Catalpa bignonioides
Crape myrtle Lagerstroemia indica
Dogwood, giant Cornus controversa
Dogwood, Western Cornus nuttallii
Fremont cottonwood (male only) Populus fremontii
Goldenrain tree Koelreuteria paniculata
Hackberry, Chinese Celtis sinenis
Hackberry, common Celtis occidentalis
Hackberry, European Celtis australis
Maidenhair tree (male only) Gingko biloba
Mayten tree Maytenus boaria
Montezuma cypress Taxodium mucrontum
Oak Ouercus spp. [FNa1]
Pagoda tree Sophora japonica
Redbud, western Cercis occidentalis
Redbud, eastern Cercis canadensis
Sawleaf zelkova Zelkova serrata
Silk tree Albizia julibrissin
Strawberry tree Arbutus unedo or
Arbutus "marina"
Tallow tree Sapium sebiferum
Tupelo Nyssa sylvatica
[FNa1] spp. = species
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Table 8.3 Partial List of Trees Unsuitable on Levees
Acacia, Bailey Acacia baileyana
Acacia, kangaroo thorn Acacia armata
Almond Prunus dulcis
Apple, crabapple Malus spp. [FNa1]
Apricot Prunus armeniaca
Ash, Arizona Fraxinus velutina
Ash, flowering Fraxinus ornus
Ash, Modesto Fraxinum velutina "Modesto"
Blue gum Eucalyptus globulus
Cedar [FNaa1] Cedrus spp. [FNa1]
Cherry Prunus ayium
Chinese jujube Zizyphus jujube
Chinese wingnut Pterocarya stenoptera
Citrus Citrus spp. [FNa1]
Coast redwood Sequoia sempervirens
Colorado spruce Picea pungens
Cypress [FNaa1] Cupressus spp. [FNa1]
Date palm Phoenix spp. [FNa1]
Elm Ulmus spp. [FNa1]
Fan palm Washingtonia spp. [FNa1]
Fig Ficus carica
Fir [FNaa1] Abies spp. [FNa1]
Giant sequoia Sequoiadendron giganteum
Grape Vitis spp. [FNa1]
Hawthorn Crataegus spp. [FNa1]
Incense cedar [FNaa1] Calocedrus decurrens
Locust Robinia spp. [FNa1]
Loquat Eriobotrya spp. [FNa1]
Olive Olea europaea
Osage orange Maclura pomifera
Peach and nectarine Prunus perica
Pecan Carya illinoinensis
Persimmon Diospyros spp. [FNa1]
Pine [FNaa1] Pinus spp. [FNa1]
Plum and prune Prunus domestica, salicina
Pomegranate Punica granatum
Quince Cydonia oblonga
Russian olive Elaegnus augustifolia
Salt Cedar Tamarisk gallica
Tree of heaven Ailanthus altissima
Walnut Juglans spp. [FNa1]
[FNa1] spp. = species
[FNaa1] Conifers whose normal mature height is 50 feet or less may be
considered desirable under maintenance conditions that (1) protect the
tree from drought, and (2) will assure proper pruning of the lower
branches.
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Table 8.4 Partial List of Ground Covers Suitable on Levees
Aaron's Beard [FNaaa1] Hypericum calycinum
Alyssum Alyssum spp. [FNa1]
Basket-of-gold Aurinia saxatile
Bermuda Grass Cynodon dactylon "tifgreen"
Cynodon dactylon "coastal"
Cynodon dactylon "Tufcote"
Blue-eyed grass Sisyrinchium bellum
California Poppy Eschscholzia californica
Cape weed Arctotheca calendula
Creeping wild rye [FNaaa1] Elymus triticoides
English Ivy, miniature [FNaaa1] Hedera helix, hahni
Garden lippia Phyla nodiflora
Lippia nodiflora
Gazania, trailing [FNaaa1] Gazania spp. [FNa1]
Green carpet Herniaria glabra
Lupine, dwarf Lupinus bicolor
Mexican evening primrose [FNaaa1] Oenothera berlandieri
Palestine orchardgrass Dactylis glomerotoa
"Palestine"
Salt grass Distichlis spicata
Spring Cinquefoil Potentilla tabernaemontanii
Stonecrop Sedum spp. [FNa1]
Trailing African daisy Osteospermum fruticosum
Verbena Verbena peruviana
Yellow-eyed grass Sisyrinchium californicum
[FNa1] spp. = species
[FNaa1] These species have specific requirements for being cut back or
otherwise maintained on a regular basis depending on the species.
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Table 8.5 Partial List of Ground Covers and Miscellaneous Species
Unsuitable on
Levees
Bamboo Bambusa spp. [FNa1]
Blackberry/Raspberry Rubus spp. [FNa1]
Broom Cytisus spp. [FNa1]
Cactus Cactaceae spp. [FNa1]
Century Plant Agave americana
False Bamboo, Common Reed Phragmites communis
Freeway Iceplant Carpobrotus spp. [FNa1]
Grape Vitus spp. [FNa1]
Honeysuckle Lonicera spp. [FNa1]
Horsetail Equisetum hyemale
Ice Plant, Rosea Drosanthemum floribundum
Ice Plant, trailing Lampranthus, spectabulis
Ivy, Algerian Hedera canariensis
Ivy, Persian Hedera colchica
Ivy, English Hederal helix
except miniature or
dwarf varieties
Pampas grass Cortaderia selloana
Periwinkle Vinca spp. [FNa1]
Perla Grass Phalaris tuberosa
var. hirtiglumis
Rose Rosa spp. [FNa1]
[FNa1] spp. = species
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Note: Authority cited: Section 8571, Water Code. Reference: Sections 8608,
8609 and 8710, Water Code.
HISTORY
1. New section, figure 8.10 and tables 8.2 through 8.5 filed 9-30-96;
operative
10-30-96 (Register 96, No. 40).
23 CA ADC s 131
END OF DOCUMENT
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