Section 6 - Need for a Permit(a) Every proposal or plan of work, including the placement, construction, reconstruction, removal, or abandonment of any landscaping, culvert, bridge, conduit, fence, projection, fill, embankment, building, structure, obstruction, encroachment or works of any kind, and including the planting, excavation, or removal of vegetation, and any repair or maintenance that involves cutting into the levee, wholly or in part within any area for which there is an adopted plan of flood control, must be approved by the board prior to commencement of work.(b) Permits may be required by the board for existing structures that predate permitting or where it is necessary to establish the conditions normally imposed by permitting. The circumstances include those where responsibility for the encroachment has not been clearly established or ownership and use have been revised.(c) Every proposal or plan of work described in subdivision (a), but located outside an area over which there is an adopted plan of flood control, must be submitted to the board for approval prior to commencement of work if it is foreseeable that the plan of work could be injurious to or interfere with the successful execution, functioning, or operation of any facilities of an adopted plan of flood control or of a plan under study. If in the judgment of the Executive Officer, the plan of work is determined to be injurious to or interfere with an adopted plan of flood control or of a plan under study, the plan of work would be subject to requirements of this division.(d) Permits are not required for maintenance activities as defined in article 2, section 4 of this title.(e) The Executive Officer may waive the requirement for a permit for minor alterations within an adopted plan of flood control that would not be injurious to the adopted plan of flood control.Cal. Code Regs. Tit. 23, § 6
1. New article 3 (sections 6 through 19) and section, with renumbering and amendment of old section 95 to new section 6(c) filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 85, No. 26.
2. Amendment of subsections (c) and (e) filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49). Note: Authority cited: Section 8571, Water Code. Reference: Sections 8608 and 8710, Water Code.
1. New article 3 (sections 6 through 19) and section, with renumbering and amendment of old section 95 to new section 6(c) filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 85, No. 26.
2. Amendment of subsections (c) and (e) filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).