Section 497.5 - Eligible Projects and Priorities for Grant Funding(a) Grant funding will be available for projects that: (1) Meet or will meet statutory requirements, as follows:(A) The California Conservation Corps or community conservation corps is used when feasible (Water Code Section 79038(b)).(B) No proposed acquisitions of property interests for the purpose of protecting or enhancing flood protection corridors while preserving or enhancing agricultural use are fee interests unless the Department has considered all practical alternatives (Water Code Section 79039(a)).(C) All proposed acquisitions of property interests are from willing sellers (Water Code Section 79040).(D) If the project includes acquisitions of property interests, it also includes a plan to minimize the impact on adjacent landowners (Water Code Section 79041).(E) If the project includes acquisitions of property interests, a public hearing has been held or will be held before acquiring the property interest (Water Code Section 79042).(F) The applicant certifies that it can maintain the project, using a trust fund established with grant funds if necessary (Water Code Section 79044).(2) Are designed to do one or more of the following (Water Code Section 79037(b)): (A) Acquire property interests to protect or enhance a flood protection corridor or floodplain while preserving or enhancing agricultural use.(B) Set back existing levees and strengthen or modify related levees.(C) Acquire property interests in a floodplain that cannot reasonably be protected from floods.(D) Acquire property interests to protect or enhance a flood protection corridor while preserving or enhancing wildlife value.(3) Are located at least partially in one or more of the following: (A) A FEMA Special Flood Hazard Area.(B) An area that would be inundated if the project were completed and an adjacent FEMA Special Flood Hazard Area were inundated.(C) A floodway designated by The Reclamation Board under Water Code Section 8402(f).(D) An area below the elevation of the 100-year recurring flood, shown on a locally adopted base flood elevation map based on a hydrologic and hydraulic analysis prepared by a civil engineer registered pursuant to California law or a Professional Hydrologist-Surface Water certified by the American Institute of Hydrology.(E) An area demonstrated to the satisfaction of the Department of Water Resources to be hydrologically equivalent to one of those described in Subparagraphs (A), (B), or (D).(b) Highest priority under the program will be given to projects that meet the requirements of Subsection (a), that the Department has given high priority for purposes of flood protection, and that:(1) The Department of Conservation has given high priority for purposes of preserving agricultural land under the California Farmland Conservancy Program, or(2) The Department of Fish and Game has given high priority for purposes of wildlife habitat protection or restoration.Cal. Code Regs. Tit. 23, § 497.5
1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 34). Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Sections 8402(f), 79037(b), 79038(b), 79039(a), 79040, 79041, 79042, 79044(a) and 79044(b), Water Code.
1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 34).