Section 193 - Categorically Exempt ActivitiesIn compliance with the requirements of the CEQA Guidelines, the following list of categorically exempt activities of the board has been established. This list is subject to the limitations on categorical exemptions set forth in the provisions of the state CEQA Guidelines. This list does not preclude categorical exemptions for other activities pursuant to CEQA or the CEQA Guidelines.
(a) Class 1 consists of operation, maintenance, or minor alteration of the following facilities where there is negligible or no expansion beyond that previously existing: (1) Project works and related facilities;(2) Nonproject levees and related facilities;(3) Other flood control works which are the statutory responsibility of the department or which are the responsibility of the department as a "maintenance area;(4) Flood control works of agencies with which the board has a local cooperation agreement, local cost sharing agreement or similar agreement;(5) Existing encroachments.(b) Class 2 includes replacement or reconstruction of existing structures and facilities where necessary at the facilities listed in Class I.(c) Class 3 includes the location and construction of minor accessory structures and the installation of new equipment where necessary at the facilities listed in Class I.(d) Class 4 includes approval of minor public or private alterations to land, or vegetation not involving the removal of mature and scenic trees, where necessary at the facilities listed in Class I.(e) Class 5 includes the approval of minor encroachment permits, licenses, board designation of floodways pursuant to Water Code section 8609, and any board approval of existing encroachments.(f) Class 6 includes the collection of basic data, research and experiments carried out by the board or Department, their officers and employees, which are necessary for planning and feasibility studies, investigations and preparation of environmental documents.(g) Class 9 includes the inspection of the facilities listed in Class I and other approved encroachments or existing nonconforming encroachments.(h) Class 12 includes the sale or exchange of surplus property, as limited by the CEQA Guidelines. Class XII also includes the issuance or grant of a license, lease, easement, or agreement pursuant to section 19.(i) Class 13 includes acquisition of land for fish and wildlife conservation or mitigation purposes where the land will be preserved in its natural condition or where the habitat will be enhanced for fish and wildlife purposes.(j) Class 14 includes acquisition, sale, or transfer of land for park or similar purposes as limited by the CEQA Guidelines.(k) Class 21 includes the enforcement of the orders, terms, or conditions of approvals or permits of the board.(l) Class 25 includes acquisition or transfer of land that will preserve open space as limited by the CEQA Guidelines.Cal. Code Regs. Tit. 23, § 193
1. New section and appendix A filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
2. Amendment relocating appendix A to new article 10 filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49). Note: Authority cited: Section 8571, Water Code; and Section 21082, Public Resources Code. Reference: Section 21080.1 and 21082, Public Resources Code; Sections 8361 and 12878.21, Water Code; Title 14, California Code of Regulations, Sections 15300.4, 15301, 15302, 15303, 15304, 15305, 15306, 15309, 15312, 15313, 15314, 15321, 15325.
1. New section and appendix A filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
2. Amendment relocating appendix A to new article 10 filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).