RECLAMATION DISTRICT NO. 348
REGULATIONS - LEVEES
Regulations controlling Alterations To and Encroachments Upon through or Over the District's Levee System.
Adopted by the Board of Trustees of said above Reclamation District as follows:
SECTION I. Purpose. The purpose of these Regulations is to protect landowners, residents, and members of the general public from the adverse effects of floods or the threat of floods caused by improper alterations to or encroachments upon District levees and to assure adequate access for routine and emergency inspection, maintenance, and repair.
SECTION II. Definitions. As used in these Regulations, the following words and phrases shall, unless otherwise provided, have the following definitions:
(a) "District": Reclamation District No. 348, New Hope Tract.
(b) "Levee": Any embankment or structure designed or used to protect land from flooding which was constructed by the District or its predecessors or which is maintained, operated or controlled by the District or which is subject to the maintenance, operation or control of the District, including but not limited to all that area within and bounded by a line parallel to and lying 50 feet outside the waterside toe of said embankment now located along the outer boundaries of the District and a line parallel to and lying 15 feet inside the landside toe of said embankment now located along the outer boundaries of the District.
(c) "Person": Any person, persons, company, partnership, corporation, governmental body or any agent thereof.
(d) "Camp": To establish or pitch or attempt to establish or pitch a camp, tent or temporary shelter or to reside temporarily or otherwise in any camp, tent or temporary shelter.
(e) "Boat": Any vessel for transport by water regardless of size, use, construction or method of propulsion.
(f) "Livestock": Any horses, cattle, sheep, goats, pigs or other useful animal or animals, excepting household pets, of a type kept or raised on a farm or ranch.
(g) "Owner": The legal owner, equitable owner or any person harboring or having custody and control of livestock or any other item of personal or real property.
(h) "Obstructive vegetation": Any trees, shrubbery, bamboo, briars or other vegetation which is or could be a hinderance to access or to visual inspection excluding low grasses and lawns.
SECTION III. Encroachments. No person shall and it shall be unlawful for any person to do any of the following (all of which are deemed to be encroachments):
1) grade, level, fill, widen, raise, cut, disturb, rip or dig upon; or
2) place, erect, construct or maintain any pipeline, pole, pole line, cable, gate, barrier, barricade, conduit, rail, dock, ramp, wharf, landing, building, structure, obstructive vegetation or works of any kind upon or over; or
3) leave, place, store or maintain any lumber, pipe or any other object or item upon; or
4) drive, park or operate any vehicle or equipment of any kind over 80,000 lbs. gross weight other than official emergency vehicles upon or over; or
5) leave, place, maintain, ride, drive or control livestock upon; or
6) except as provided for in subsection 9 hereof, park or place any vehicle or other item so as to obstruct traffic or store any vehicle (any vehicle left standing in one place for 24 hours or more is deemed to be stored) upon or over; or
7) camp on; or
8) except from launching ramp or other facility maintained for that purpose, launch any boat from any levees or flood control works (including the rock riprap or other wave wash protection thereon) of or within the District or upon lands owned by the District except when expressly permitted to do so by a proper and revocable written permit, easement or agreement executed between said person and the District and upon payment to the District of any required fees, expenses, rental or other compensation therefor.
9) In the case of temporary evacuations occasioned by high water emergencies, recreation vehicles (RVs) and trailer homes (but no cars or other vehicles) may park overnight on the District levee at New Hope Landing until the emergency passes. The RVs and trailer homes shall be parked in such a manner as to provide at least fifteen (15) feet of roadway clearance and not interfere with the use of the levee road by floodfight vehicles and equipment and emergency crews.
SECTION IV. Non-Conforming Encroachments. Any encroachments (as set forth in Section III above) upon or over any levees or flood control works of or within the District which encroachments exist at the time of adoption of these Regulations are hereby declared nonconforming.
No such non-conforming encroachments may be expanded by any person except when expressly permitted to do so by a proper and revocable written permit executed between said person and the District and upon payment to the District of any required fees, expenses, rental or other compensation thereof. If a non-conforming encroachment is damaged or destroyed in whole or in major part, by or from any cause (including fire, flood or wind) and the damage sustained requires repair work costing more than the fair market value of the encroachment prior to the damage then such non-conforming encroachment shall not be repaired or reconstructed back into a non-conforming condition. These Regulations are not intended to and shall not render legal or proper any encroachment heretofore occurring which was not in accordance with law including the Regulations of this District.
SECTION V. Levee Excavation. Excepting emergency work performed by the District, all excavation of the levees, pursuant to these Regulations or otherwise, is prohibited.
SECTION VI. Encroachment Permit. Approval of any permit by the Board of Trustees or Committee of the Board (duly designated by the Board of Trustees) pursuant to these Regulations shall be contingent upon:
1) the applicant agreeing to assume all liability resulting from the proposed installation,
2) the applicant agreeing to hold the District harmless from any additional costs occasioned by such construction and necessitated by any future work on the levee by the District, and
3) the applicant complying with any other conditions which the Board or Committee of the Board in its discretion from time to time deem appropriate.
The Board or Committee of the Board may at its discretion refuse to issue any or all permits and may from time to time establish general standards or guidelines for encroachments (including pipes and conduits) which shall be conditions to the issuance of any permit. The Board or Committee of the Board may from time to time in its discretion adopt a standard application form or forms for use in administration of the permit procedure provided herein.
In addition to an encroachment permit issued by the Board or Committee of the Board, the applicant must also obtain approval from other permitting agencies as required by law (such as State Reclamation Board, Corps of Engineers, Sacramento County, etc.).
An encroachment permit issued by the Board or Committee of the Board should be obtained prior to obtaining other agency permits.
SECTION VII. Districts' Right of Entry. The District, by any authorized agent or employee, shall have the right to enter upon any property within the District at all reasonable times and places to determine compliance with these Regulations.
SECTION VIII. Interpretation: Constitutionality: Severability.
a) In interpreting and applying the provisions of these Regulations, the requirements contained herein are declared to be minimum requirements for the purposes set forth.
b) The provisions of these Regulations, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatement and continuations and not as new enactments.
c) If any section, subsection, sentence, clause or phrase of these Regulations is for any reason held to be unconstitutional or invalid, any such decision shall not affect the validity of the remaining portions of these Regulations. The Board hereby declares that it would have passed these Regulations and every section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.
d) These Regulations shall upon effect supersede and replace the provisions of the other Regulations and laws of the District in conflict herewith.
SECTION IX. Violation of Regulations. Any person who shall violate any of the provisions of these Regulations shall in addition to suffering from any remedy imposed in law be liable for all costs, expenses, and damages to the District caused by such violation.
SECTION X. Cease and Desist Order. In addition to all of the other remedies provided herein the Board with regard to any violation of these Regulations after issuing a cease and desist order or order for removal or alteration and after issuing 72 hours prior written notice of same by mail or by publication (in accordance with Governmental Code Section 6061) to the person or persons involved, may perform at the cost and expense of the person or persons in violation any corrective work deemed appropriate or necessary by the Board.