Section 126 - Fences and Gates(a) Fences within a floodway, on a levee, or near a levee must conform to the following: (1) Fences, walls, and similar structures are permitted within floodways if they do not obstruct floodflows or cause the accumulation of debris that would obstruct floodflows. (A) Fences firmly anchored and constructed parallel to the streamflow are normally permitted.(B) Fences not parallel to the streamflow shall be designed and constructed to not adversely affect stages and velocities.(2) All fences parallel to a levee must be located a minimum distance of ten (10) feet off the levee toe.(3) Fences crossing a levee, where permitted, must be installed at a right angle across the levee.(4) Fences crossing a levee crown must have an opening a minimum of fourteen (14) feet in width or a suitable gate installed on the levee crown.(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.(6) Where the distance between fences would be so close as to interfere unreasonably with levee inspection, maintenance and flood fight activities, the board may deny approval for additional fences.(7) If, in the opinion of the board, a fence becomes unnecessary due to changes in location of public access points or construction of other fences, the permittee must remove the fence at the request of the board.(b) Gates within a floodway or on a levee must conform to the following:(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.(2) Cable or chain gates are not permitted across a levee crown or across a levee access ramp.(3) Gates shall be hinged, and constructed to provide for ease of operation, maximum longevity, and public safety.(4) Gates may be opened by authorized Department of Water Resources and maintenance personnel and must remain open when required for levee inspections, maintenance, construction, high water patrol, and flood fight activities.(5) Where the distance between gates would be so close as to unreasonably interfere with levee inspection and maintenance, the board may deny approval for additional gates.(6) If, in the opinion of the board, a gate becomes unnecessary due to changes in location of public access points or construction of other gates, the permittee must remove the gate at the request of the board.(7) Keys shall be provided to local the maintaining agency and the Department of Water Resources for all locks on gates providing access to the floodway, levee ramp, levee toe, and along the levee crown.(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.(d) No fence, wall or other barrier may interfere with or preclude legal public access.Cal. Code Regs. Tit. 23, § 126
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). Note: Authority cited: Sections 8571 and 8709.3, Water Code. Reference: Sections 8608, 8609, 8709.3 and 8710, Water Code.
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).