23 CA ADC § 15


      23 CCR s 15

      Cal. Admin. Code tit. 23, s 15


      CALIFORNIA CODE OF REGULATIONS
      TITLE 23. WATERS
      DIVISION 1. RECLAMATION BOARD
      CHAPTER 1. ORGANIZATION, POWERS AND STANDARDS
      ARTICLE 3. APPLICATION PROCEDURES
      This database is current through 05/19/06, Register 2006, No. 20.

      s 15. Bases for Denial of Applications.

      The board may deny a permit for any of the following reasons:

      (a) If the proposed work could:

      (1) Jeopardize directly or indirectly the physical integrity of levees or 
      other works;

      (2) Obstruct, divert, redirect, or raise the surface level of design 
      floods or flows, or the lesser flows for which protection is provided;

      (3) Cause significant adverse changes in water velocity or flow regimen;

      (4) Impair the inspection of floodways or project works;

      (5) Interfere with the maintenance of floodways or project works;

      (6) Interfere with the ability to engage in floodfighting, patrolling, or 
      other flood emergency activities;

      (7) Increase the damaging effects of flood flows; or

      (8) Be injurious to, or interfere with, the successful execution, 
      functioning, or operation of any adopted plan of flood control.

      (b) When the board is the lead agency under CEQA, and the proposed 
      encroachment could result in potential and unmitigated significant 
      environmental effects, including cumulative environmental effects.

      (c) When the board is a responsible agency under CEQA, and the CEQA 
      document is inadequate.

      (d) If the applicant fails to supply information deemed necessary by the 
      board for application purposes, including the names of all adjacent 
      landowners.

      (e) If the proposed work does not meet board standards contained in 
      article 8.

      (f) If there has been a failure by the applicant (or persons associated 
      with the applicant through an agreement or agency relationship) to 
      substantially comply with permit conditions on prior related permits or if 
      there has been work performed without a permit and that work is not the 
      subject of the pending permit application where the applicant has not 
      supplied reasonable and convincing assurances that compliance with the 
      board's regulations will be achieved.


      


      Note: Authority cited: Section 8571, Water Code. Reference: Section 65943, 
      Government Code; Sections 21002 and 21081, Public Resources Code; Sections 
      8608, 8710 and 8723, Water Code. 


       HISTORY 
         
      1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
      23 CA ADC s 15

      END OF DOCUMENT

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