23 CA ADC § 16
23 CCR s 16
Cal. Admin. Code tit. 23, s 16
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 16. Permit Conditions.
(a) Any board permit may include and be subject to such reasonable
conditions as deemed appropriate by the board, and may include mitigation
for effects of the approved activity on the environment.
(b) The permit may require inspection by the board, its officers, or staff
before, during, and after construction, and at regular intervals
thereafter. The board may charge and collect a reasonable fee from an
applicant to recover inspection costs, including staff or consultant time
and expenses.
(c) The permit may require a reporting and monitoring program for any
mitigation required by the board to avoid significant effects on the
environment.
(d) The permit may require the filing with the board of reports and data,
including a description of all work done under the approved application.
The board may also request in writing at any time any reports or data,
even if not expressly stated in a condition to the decision.
(e) The permit shall require that all of the work must be in accordance
with the submitted drawings and specifications and accomplished in a
professional manner.
(f) The permit may require the owner of an encroachment, or the owner of
real property upon which the encroachment is located, to execute and cause
to be recorded a document which imposes a covenant, restriction,
servitude, or combination thereof, which runs with the land and binds all
owners, heirs, successors, lessees, agents, and assigns, and would be
enforceable by the board or its successor. This requirement may be imposed
where there are particular concerns about permit compliance, such as where
there may have been previous permit violations by the applicant or where
record notice to successors-in- interest to the applicant or landowner is
deemed appropriate.
(g) The permit may require the applicant to provide notice of the
continuing flood threat to occupants and potential occupants of property
subject to flood risk.
(h) The permit may require additional conditions requested by the Corps
and the local maintaining agency.
(i) The permit shall require exercise of reasonable care to operate and
maintain any work authorized by the permit to prevent injury or damage to
any works necessary to any adopted plan of flood control, or interference
with the successful execution, functioning, or operation of any present
adopted plan of flood control or future plan. The permittee shall maintain
the permitted encroachment and the project works within the utilized area
in the manner required by the authorized representative of the department
or any other agency responsible for flood control maintenance.
(j) The permit may require the permittee to be responsible for all
personal liability and property damage which may arise out of permittee's
actions or failure to perform the obligations of the permit. The permittee
shall agree to save and hold the state free and harmless from, and to
defend and indemnify the state against, any and all claims and liability,
including but not limited to, personal injury or property damage arising
or claimed to arise, directly or indirectly, from the uses of land
pursuant to the permit. The permittee shall agree to release the state
from responsibility or liability for any damages that may be caused to the
encroachment by operation of the flood control project or from the
releases of water from storage reservoirs. The permittee shall also agree
to be precluded from receiving state disaster assistance for flood damage
to the permitted works, except as provided by a flood insurance policy.
(k) The permit may require that if the work covered by the permit is not
commenced within one year after the issuance of the permit, the board may
revoke the permit or change any condition in the permit as may be
consistent with current flood control standards and policies of the board.
(l) The permit may provide that commencement of work under a permit
constitutes an acceptance of the conditions of the permit.
(m) If any of the work does not conform to the conditions of the permit,
the permittee, upon the order of the General Manager or Chief Engineer,
shall, in the manner prescribed, be responsible for the cost and expense
to remove, alter, relocate, or reconstruct all or any part of the work.
(n) The permit may require the permittee, at permittee's cost and expense,
to remove, alter, relocate, or reconstruct all or any part of the
permitted work if the removal, alteration, relocation, or reconstruction
is necessary under or in conjunction with any present or future flood
control plan or if damaged by any cause.
(o) The permit may require the permittee to mitigate for the hydraulic
impacts of the permitted works by reducing or eliminating the additional
flood risk to third parties created by the permitted works.
(p) Liability insurance may be required to be provided naming the State
and the local maintaining agency performing flood control maintenance as
additional insureds.
Note: Authority cited: Section 8571, Water Code. Reference: Sections
21002, 21081 and 21081.6, Public Resources Code; Sections 8608 and 8710,
Water Code; Title 33, Code of Federal Regulations, Section 208.10.
HISTORY
1. Repealer of article 3 heading, renumbering and amendment of old section
16
to new section 8, and new section 16, including renumbering of old section
22
to new section 16(d) filed 9-30-96; operative 10-30-96 (Register 96, No.
40). For prior history, see Register 69, No. 25.
23 CA ADC s 16
END OF DOCUMENT
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