§ 126. Fences and Gates.
23 CA ADC § 126Barclays Official California Code of Regulations
23 CCR § 126
§ 126. Fences and Gates.
(5) After January 1, 1998, new fences that are designed to give way during high water events shall not be allowed on the water side of a levee. Fences proposed to be constructed after January 1, 1998 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. The permittee shall remove fence segments at its own expense during high water events so that no part of any fence on the water side levee slope is submerged.
(1) The gate width on a levee crown must match or exceed the width of the levee crown with a minimum gate width of fourteen (14) feet. A gate width exceeding twenty (20) feet is normally not required. A gate width of twelve (12) feet may be allowed on levees within urban areas if the levee maintenance equipment and any agricultural equipment which must use the gates is less than twelve feet in width.
(c) If the board approves an activity or encroachment that directly or indirectly may result in future unauthorized encroachments (e.g., approving levee modifications associated with a new residential development adjacent to the levee), the board may require the permittee to construct a fence parallel to the levee at a distance of ten (10) feet from the landside levee toe. If a fence is required, it must conform to board standards.
Credits
Note: Authority cited: Sections 8571 and 8709.3, Water Code. Reference: Sections 8608, 8609, 8709.3 and 8710, Water Code.
History
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
2. New subsection (a)(5), subsection renumbering, and amendment of Note filed 2-13-98 as an emergency; operative 2-13-98 (Register 98, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-98 or emergency language will be repealed by operation of law on the following day.
3. New subsection (a)(5), subsection renumbering, and amendment of Note refiled 6-11-98 as an emergency; operative 6-11-98 (Register 98, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-9-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-11-98 order transmitted to OAL 10-2-98 and filed 11-16-98 (Register 98, No. 47).
This database is current through 8/30/24 Register 2024, No. 35.
Cal. Admin. Code tit. 23, § 126, 23 CA ADC § 126
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