23 CA ADC § 132


      23 CCR s 132

      Cal. Admin. Code tit. 23, s 132


      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 132. Bicycle Trails.

      (a) It is the board's policy to permit the construction of paved and 
      unpaved bicycle trails by public agencies on levees and within floodways 
      under the board's jurisdiction, provided that the flood control purpose of 
      the floodway facilities remains primary. Bicycle trails must meet the 
      following general conditions:

      (1) Where feasible, the bicycle trail must be located off of the levee.

      (2) Repair or replacement of the bicycle trail that is damaged during an 
      emergency flood fight procedure, routine maintenance, or any required 
      improvement activity within an adopted plan of flood control must be made 
      by, and at the sole expense of, the permittee or in accordance with an 
      agreement for maintenance between the permittee and a public agency.

      (3) The board and the local flood control maintaining agency retain the 
      right to temporarily close the bicycle trail for improvement, maintenance, 
      or during emergency flood fight activities.

      (4) Bicycle trails within an adopted plan of flood control must be 
      maintained to a level safe for bicycle traffic and acceptable to the local 
      flood control maintaining agency and the Department of Water Resources.

      (b) Bicycle trails on a levee section are permitted under the following 
      conditions:

      (1) The permittee shall defend, hold harmless, and indemnify the State of 
      California and the local maintaining agency, and each of their boards, 
      elected officials, officers, employees, and agents against all damages and 
      claims of liability of whatever nature which arise from the use of the 
      levee as a bicycle trail.

      (2) The permittee must submit proposed use restrictions for the bicycle 
      trail, and a plan for enforcement of the restrictions satisfactory to the 
      board, prior to commencing construction. The restrictions, at a minimum, 
      must restrict public access to the trail and to designated adjacent areas 
      only, and must prohibit equestrian and motorized vehicle traffic, except 
      as may be necessary for maintenance, restriction enforcement, and 
      providing for public safety.

      (3) The permittee must agree to bear the cost of any repairs to a flood 
      control project facility that are made necessary by the presence or use of 
      the bicycle trail.

      (4) Paved bicycle trails constructed on the levee crown must have a 
      minimum pavement width of twelve (12) feet and a minimum shoulder width of 
      one (1) foot on each side of the pavement. The outer edges of the finished 
      pavement may be no higher than the adjacent shoulders and the 
      cross-section must be shaped and trimmed to produce a smooth transition 
      from pavement to shoulder.

      (5) Paved bicycle trails on the levee crown must be designed and paved to 
      withstand a maximum load of 68,000 pounds from two consecutive sets of 
      tandem axles. Soil tests may be required to determine design of the trail.

      (6) The structural section of paved bicycle trails must consist of a 
      minimum of six (6) inches of aggregate base beneath two (2) inches of 
      asphalt concrete pavement, or equivalent, on a well compacted levee crown.

      (7) The aggregate base shall extend beyond the pavement to allow drainage.

      (8) The bicycle trail and all bicycle access ramps must be sloped to drain 
      away from the levee crown.

      (9) Bicycle access ramps on levee slopes must conform to the criteria set 
      forth in the standards for access ramps in section 130.

      (10) The bicycle trail may not be cut into the levee section but may be 
      placed on fill along the levee slope provided it will not interfere with 
      maintenance.

      (11) The permittee must maintain the bicycle trail or provide evidence of 
      agreement with a public agency for that agency to provide maintenance.

      (12) The permittee may be required to prevent unauthorized vehicular 
      access to bicycle trails by physical barriers, which must be removable to 
      allow access for maintenance, inspection, and emergency vehicles. 
      Vehicular access barriers will be secured by locks. Keys shall be provided 
      to the Department of Water Resources and the local flood control 
      maintaining agency.

      (13) The permittee shall install permanent safety signs at all bicycle 
      access points and at periodic intervals along the trail containing such 
      language as:

      Levee Maintenance Road Watch for Patrolling Vehicles.

      (14) The permittee shall install permanent signs at all bicycle access 
      points to control unauthorized use of bicycle trails.

      (c) Bicycle trails within a leveed floodway are permitted under the 
      following conditions:

      (1) The permittee must submit proposed use restrictions for the bicycle 
      trail and a plan for enforcement of such restrictions satisfactory to the 
      board, prior to commencing construction. The restrictions, at a minimum, 
      must restrict public access to the trail and to designated adjacent areas 
      only, and shall prohibit equestrian and motorized vehicle traffic, except 
      as may be necessary for maintenance, restriction enforcement, and 
      providing for public safety.

      (2) The permittee must agree to bear the cost of any repairs to a flood 
      control project facility that are made necessary by the presence or use of 
      the bicycle trail.

      (3) Bicycle trails must be constructed at natural ground level wherever 
      possible, and all fills greater than three (3) feet in height must be 
      supported by appropriate engineering studies.

      (4) The permittee must maintain the bicycle trail or provide evidence of 
      an agreement with a public agency for that agency to provide maintenance.

      (5) The permittee is required to prevent unauthorized vehicular access to 
      bicycle trails by physical barriers, which must be removable to allow 
      access for maintenance, inspection, and emergency vehicles. Vehicular 
      access barriers will be secured by locks. Keys shall be provided to the 
      Department of Water Resources and the local flood control maintaining 
      agency.

      (6) The permittee must install permanent signs at all bicycle access 
      points to control unauthorized use of bicycle trails.

      (d) Paved bicycle trails within ten (10) feet of the landside levee toe 
      must have appropriate features that intercept seepage and prevent particle 
      migration.


      


      Note: Authority: Section 8571, Water Code. Reference: Sections 8608, 8609 
      and 8710, Water Code. 


       HISTORY 
         
      1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
      23 CA ADC s 132

      END OF DOCUMENT

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