23 CA ADC § 137


      23 CCR s 137

      Cal. Admin. Code tit. 23, s 137


      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 137. Miscellaneous Encroachments.

      The following standards are to be used as a guide in making application to 
      the board for miscellaneous encroachments. Not all possible miscellaneous 
      encroachments, the number being unlimited, are listed. Those listed are 
      typically the type proposed by residents within an adopted plan of flood 
      control, and those necessary because of governmental requirements.

      (a) Tanks used for storage of water or other liquids are not permitted 
      within a levee section or within ten (10) feet of the levee toe. If placed 
      within the floodway, or if placed in the projected levee section and 
      within twenty-five (25) feet of the levee toe, a permit is required.

      (b) Landside water retention basins must be located outside of the 
      projected levee section and a minimum distance of twenty- five (25) feet 
      from the levee toe plus any additional distance that may be determined to 
      be required to control seepage.

      (c) Steps for access on levee slopes must conform to the following 
      criteria:

      (1) Steps must be constructed of material resistant to deterioration. 
      Acceptable materials include, but are not limited to, concrete, masonry, 
      stone, pressure treated lumber, iron, and steel.

      (2) Steps constructed on the waterward levee slope must be properly 
      anchored to prevent movement during high water.

      (3) Excavation in the levee slope made for the construction of steps may 
      not exceed twelve (12) inches in depth.

      (4) Steps must be constructed flush with the levee slope.

      (5) Handrails are not permitted on steps if they interfere with levee 
      maintenance unless they are required by law.

      (6) Handrails, where permitted on waterward levee slopes, shall be 
      designed to give way when subjected to debris loading.

      (7) The permittee is responsible for the maintenance of steps and 
      handrails.

      (8) Revetment on a levee slope or streambank that is destroyed or 
      disturbed during the construction of steps must be restored to its 
      original condition by the permittee.

      (d) Horizontal (elevated) access ways, with or without handrails, are 
      permitted above the landside and waterward slopes of the levee if they do 
      not interfere with levee maintenance and conform to the following 
criteria:

      (1) Horizontal access ways may not exceed four (4) feet in width unless 
      the levee slope immediately beneath the access way is revetted to board 
      standards.

      (2) The bottom of the stringers of horizontal access ways above the 
      waterward levee slope must be a minimum of three (3) feet above the design 
      flood plane elevation.

      (3) Handrails on access ways may not extend onto the levee crown.

      (4) On a levee where the crown is less than fourteen (14) feet in width, 
      handrails must be a minimum of seven (7) feet from the centerline of the 
      levee.

      (5) Access way supports, or piers, must be constructed so as to minimize 
      the possibility of trapping and accumulating floating debris.

      (6) Revetment on a levee slope or streambank that is destroyed or 
      disturbed during the construction of a walkway must be restored to its 
      original condition by the permittee.

      (7) Maintenance of an access way and the adjacent levee slope is the 
      responsibility of the permittee, and any erosion of the levee slope must 
      be promptly repaired.

      (e) Mailboxes, when required by the U.S. Postal Service, are permitted on 
      a levee section and must be placed at the extreme outer edge of the levee 
      crown. If the levee crown is less than fourteen (14) feet in width, the 
      mailbox must be a minimum of seven (7) feet from the centerline of the 
      levee.

      (f) Traffic control signs, directional or informational signs, and signs 
      providing for public safety are permitted on a levee slope or on the edge 
      of a levee crown.

      (g) Bus shelters are permitted on a levee section where sufficient area is 
      available for safe operation of vehicles, and the bus shelter is at least 
      seven (7) feet from the centerline of the levee.

      (h) Livestock grazing on levee slopes shall be controlled to prevent 
      overgrazing and the development of livestock trails.

      (i) The storage of materials or equipment, unless securely anchored, 
      downed trees or brush, and floatable material of any kind are not allowed 
      within a floodway during the flood season as defined in Table 8.1.

      (j) Structures and the storage of material or equipment are not permitted 
      on levee slopes.

      (k) Structures, materials, and equipment may be placed on the levee crown 
      if they do not prevent inspection and maintenance of the levee, obstruct 
      floodfight procedures, and the following additional requirements are met:

      (1) There is adequate levee crown width to provide a minimum of twenty 
      (20) feet of unobstructed clearance for two-way vehicular traffic.

      (2) Where a public road or highway is on the levee crown, the design width 
      of the roadway including the roadway shoulders must remain clear.

      (3) Materials or equipment may not be stored within fourteen (14) feet of 
      the landward levee shoulder.

      (4) Materials or equipment may be stored to within fourteen (14) feet of 
      the waterward levee shoulder provided the waterward levee slope is 
      revetted to board standards.

      (5) Materials or equipment may not be stored within thirty (30) feet of 
      the waterward levee shoulder of an unrevetted levee.

      (l) Seismic surveys near a levee or within a floodway must meet the 
      following criteria:

      (1) Horizontal shear energy sources may not be used on any levee section 
      or within fifty (50) feet of the levee toe. In areas having soils 
      especially susceptible to damage, a more stringent control may be 
required.

      (2) Energy charges for surveys must be a minimum distance of two hundred 
      (200) feet from the levee toe.

      (3) Energy charges for surveys must not exceed one (1) pound of charge per 
      one hundred (100) feet of distance from the levee toe.

      (4) Electrical cables used in seismic surveys may not interfere with 
      periodic inspections and maintenance of flood control facilities or with 
      flood fight procedures.


      


      Note: Authority cited: 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 137

      END OF DOCUMENT

      (C) Copyright 2006, Result Oriented Marketing, Inc.
      For Further Assistance Visit : www.mcmillanlaw.us and www.fearnotlaw.com