Section 108 - Existing Encroachments(a) Upon adoption of a plan of flood control, an existing facility or use shall be allowed to continue as provided below:(1) A permit or order shall be automatically issued for all conforming existing facilities and uses. The facility or use may not be changed, extended, or expanded without a new application to and approval by the board. If the facility is abandoned, it shall be removed at the expense of the owner and not replaced.(2) Nonconforming existing encroachments that do not have a major detrimental impact shall be allowed to continue under a permit or order until abandoned or until they are destroyed or damaged, by any cause, to the cumulative extent of more than fifty (50) percent of their market value or their physical usefulness during any 10-year period. The facility or use may not be changed, extended, or expanded without a new application to and approval of the board. If the facility is abandoned, it shall be removed at the expense of the owner and not replaced.(3) Nonconforming existing encroachments that have a major detrimental impact shall be removed, abandoned, or suitably modified at no cost to the owner, if they have been in existence prior to the adoption or authorization of a project by the United States or prior to the adoption or authorization of a plan of flood control by the state.(4) Nonconforming existing facilities or uses that have a major detrimental impact on the adopted plan of flood control and which were not in existence at the time of adoption of the plan of flood control shall be removed, abandoned, or suitably modified as directed by the board, all at the expense of the owner, and within a period of time specified by the board.(b) The board shall make the final determination as to whether the facility or use has or has not a major detrimental impact within the adopted plan of flood control or on project facilities, and shall advise the owner of the facility or use of any action required.Cal. Code Regs. Tit. 23, § 108
1. New article 6 (section 108) and renumbering and amendment of old sections 85 and 86 to new section 108 and new section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 69, No. 25. For prior history, see Register 72, No. 14. Note: Authority cited: Section 8571, Water Code. Reference: Sections 8609 and 8710, Water Code.
1. New article 6 (section 108) and renumbering and amendment of old sections 85 and 86 to new section 108 and new section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 69, No. 25. For prior history, see Register 72, No. 14.