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California Law (Last Updated: March 4, 2014) |
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Water Code - WAT |
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Division 5. FLOOD CONTROL |
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Part 4. THE CENTRAL VALLEY FLOOD PROTECTION BOARD |
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Chapter 3. Powers, Duties and Jurisdiction |
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ARTICLE 6. Encroachments on Flood Control Works |
Section 8709.4.
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(a) Before removing or modifying a lawful existing encroachment on levees, channels, and other flood control works pursuant to powers granted by this part, a permit, or standards adopted pursuant to this part, the board shall make one of the following findings, based on substantial evidence, regarding the encroachment's impact on public safety:
(1) The encroachment presents an imminent threat to the structural integrity of the levee, channel, or other flood control work.
(2) The encroachment significantly impairs the functional capability of the levee, channel, or other flood control work to fulfill its particular intended role in the overall flood control plan.
(b) Routine maintenance that includes the removal or modification of fences, gates, and vegetation on the levee structure and other flood control structures is not subject to subdivision (a).
(c) The board may delegate authority to the executive officer to take action to remove or modify encroachments on levees, channels, and other flood control works in accordance with subdivision (a).