Section 8709.3.

(a) Fences that are designed to give way during high water events shall not be allowed on the water side of a levee. Fences on the water side of a levee that are partially or wholly under water during high water events, and that are located within state maintenance areas within city limits under the jurisdiction of the board, shall be constructed so as to be removable by the permittee in segments during times of high water events as the water level rises up the levee.

(b) The permittee shall remove the segments of the fence during times of high water events.

(c) The board shall adopt emergency regulations necessary to implement this section in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare.

(Added by Stats. 1997, Ch. 872, Sec. 3. Effective January 1, 1998.)