State Codes and Statutes

Statutes > California > Wat > 8410-8414.2

WATER CODE
SECTION 8410-8414.2



8410.  Flood plain regulations established to comply with
requirements of Section 8411 shall meet the following criteria:
   (a) Construction of structures in the designated floodway which
may endanger life or significantly restrict the carrying capacity of
the designated floodway shall be prohibited. For the purpose of this
subdivision, the word "structures" does not include public utility
electric, gas, or communication lines which may be located within the
designated floodway; provided, that any permit or permits as may be
required by law, other than this chapter, to so locate such lines
have been granted.
   (b) Developments shall be permitted within the restrictive zone in
accordance with local agency policy, giving full consideration to
the protection of human life and the carrying capacity of the flood
plain.



8410.5.  All public agencies shall comply with flood plain
regulations established to meet the requirements of Section 8411. For
the purposes of this section, "public agencies" includes the state
or any department or agency thereof.


8411.  Within any area classified "designated floodway" by the
department or board after completion of a federal project report the
appropriate public agency shall establish the necessary flood plain
regulations within one year following notification by the department
or board. The state shall not pay any of the cost of lands,
easements, and rights-of-way associated with the flood control
project as set forth in the project report of the federal agency
unless flood plain regulations for the designated floodway are
adopted in accordance with the requirements of this chapter.




8412.  The department or board shall review the adequacy of flood
plain regulations established by a public agency to meet the
requirements of Section 8411, and shall notify the appropriate public
agency in the event the flood plain regulations are determined by
the department or board to be inadequate to comply with the
requirements of Section 8411. The department or board may recommend
any provisions necessary to provide adequate flood plain regulations.
Any such public agency shall within 180 days of receipt of the
notice from the department or board, adopt new flood plain
regulations. Upon their adoption a copy of such flood plain
regulations shall be sent to the department or board.



8413.  Flood plain regulations adopted pursuant to Section 8412
shall take effect 60 days from the date of adoption by the public
agency and shall be deemed to meet the requirements of Section 8411
unless the department or board determines that such flood plain
regulations are not adequate to comply with the requirements of
Section 8411. If the department or board makes such a determination,
it shall so report to the public agency and shall recommend such
regulations or modifications of the regulations of the agency, which
it determines are necessary.


8414.  If a public agency fails to adopt flood plain regulations
pursuant to Section 8411, or fails to adopt new flood plain
regulations within 180 days of receipt of the department's or board's
notice pursuant to Section 8412, or fails to adopt or modify such
regulations in the manner determined as necessary by the department
or board pursuant to Section 8413 within 90 days of receipt of the
department's or board's notice pursuant to Section 8413, the local
flood control agency having jurisdiction over the project area may
adopt flood plain regulations for the designated floodway necessary
to comply with the requirements of Section 8411. Such flood plain
regulations adopted by the local flood control agency shall take
effect 30 days from the date of their adoption and shall be enforced
by the public agency and have the same force and effect as if adopted
as flood plain regulations by the public agency.



8414.2.  No public agency shall revise flood plain regulations
established to meet the requirements of Section 8411 or shall grant a
variance from such regulations without the consent of the department
or board and of the local flood control agency having jurisdiction
over the project area.

State Codes and Statutes

Statutes > California > Wat > 8410-8414.2

WATER CODE
SECTION 8410-8414.2



8410.  Flood plain regulations established to comply with
requirements of Section 8411 shall meet the following criteria:
   (a) Construction of structures in the designated floodway which
may endanger life or significantly restrict the carrying capacity of
the designated floodway shall be prohibited. For the purpose of this
subdivision, the word "structures" does not include public utility
electric, gas, or communication lines which may be located within the
designated floodway; provided, that any permit or permits as may be
required by law, other than this chapter, to so locate such lines
have been granted.
   (b) Developments shall be permitted within the restrictive zone in
accordance with local agency policy, giving full consideration to
the protection of human life and the carrying capacity of the flood
plain.



8410.5.  All public agencies shall comply with flood plain
regulations established to meet the requirements of Section 8411. For
the purposes of this section, "public agencies" includes the state
or any department or agency thereof.


8411.  Within any area classified "designated floodway" by the
department or board after completion of a federal project report the
appropriate public agency shall establish the necessary flood plain
regulations within one year following notification by the department
or board. The state shall not pay any of the cost of lands,
easements, and rights-of-way associated with the flood control
project as set forth in the project report of the federal agency
unless flood plain regulations for the designated floodway are
adopted in accordance with the requirements of this chapter.




8412.  The department or board shall review the adequacy of flood
plain regulations established by a public agency to meet the
requirements of Section 8411, and shall notify the appropriate public
agency in the event the flood plain regulations are determined by
the department or board to be inadequate to comply with the
requirements of Section 8411. The department or board may recommend
any provisions necessary to provide adequate flood plain regulations.
Any such public agency shall within 180 days of receipt of the
notice from the department or board, adopt new flood plain
regulations. Upon their adoption a copy of such flood plain
regulations shall be sent to the department or board.



8413.  Flood plain regulations adopted pursuant to Section 8412
shall take effect 60 days from the date of adoption by the public
agency and shall be deemed to meet the requirements of Section 8411
unless the department or board determines that such flood plain
regulations are not adequate to comply with the requirements of
Section 8411. If the department or board makes such a determination,
it shall so report to the public agency and shall recommend such
regulations or modifications of the regulations of the agency, which
it determines are necessary.


8414.  If a public agency fails to adopt flood plain regulations
pursuant to Section 8411, or fails to adopt new flood plain
regulations within 180 days of receipt of the department's or board's
notice pursuant to Section 8412, or fails to adopt or modify such
regulations in the manner determined as necessary by the department
or board pursuant to Section 8413 within 90 days of receipt of the
department's or board's notice pursuant to Section 8413, the local
flood control agency having jurisdiction over the project area may
adopt flood plain regulations for the designated floodway necessary
to comply with the requirements of Section 8411. Such flood plain
regulations adopted by the local flood control agency shall take
effect 30 days from the date of their adoption and shall be enforced
by the public agency and have the same force and effect as if adopted
as flood plain regulations by the public agency.



8414.2.  No public agency shall revise flood plain regulations
established to meet the requirements of Section 8411 or shall grant a
variance from such regulations without the consent of the department
or board and of the local flood control agency having jurisdiction
over the project area.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Wat > 8410-8414.2

WATER CODE
SECTION 8410-8414.2



8410.  Flood plain regulations established to comply with
requirements of Section 8411 shall meet the following criteria:
   (a) Construction of structures in the designated floodway which
may endanger life or significantly restrict the carrying capacity of
the designated floodway shall be prohibited. For the purpose of this
subdivision, the word "structures" does not include public utility
electric, gas, or communication lines which may be located within the
designated floodway; provided, that any permit or permits as may be
required by law, other than this chapter, to so locate such lines
have been granted.
   (b) Developments shall be permitted within the restrictive zone in
accordance with local agency policy, giving full consideration to
the protection of human life and the carrying capacity of the flood
plain.



8410.5.  All public agencies shall comply with flood plain
regulations established to meet the requirements of Section 8411. For
the purposes of this section, "public agencies" includes the state
or any department or agency thereof.


8411.  Within any area classified "designated floodway" by the
department or board after completion of a federal project report the
appropriate public agency shall establish the necessary flood plain
regulations within one year following notification by the department
or board. The state shall not pay any of the cost of lands,
easements, and rights-of-way associated with the flood control
project as set forth in the project report of the federal agency
unless flood plain regulations for the designated floodway are
adopted in accordance with the requirements of this chapter.




8412.  The department or board shall review the adequacy of flood
plain regulations established by a public agency to meet the
requirements of Section 8411, and shall notify the appropriate public
agency in the event the flood plain regulations are determined by
the department or board to be inadequate to comply with the
requirements of Section 8411. The department or board may recommend
any provisions necessary to provide adequate flood plain regulations.
Any such public agency shall within 180 days of receipt of the
notice from the department or board, adopt new flood plain
regulations. Upon their adoption a copy of such flood plain
regulations shall be sent to the department or board.



8413.  Flood plain regulations adopted pursuant to Section 8412
shall take effect 60 days from the date of adoption by the public
agency and shall be deemed to meet the requirements of Section 8411
unless the department or board determines that such flood plain
regulations are not adequate to comply with the requirements of
Section 8411. If the department or board makes such a determination,
it shall so report to the public agency and shall recommend such
regulations or modifications of the regulations of the agency, which
it determines are necessary.


8414.  If a public agency fails to adopt flood plain regulations
pursuant to Section 8411, or fails to adopt new flood plain
regulations within 180 days of receipt of the department's or board's
notice pursuant to Section 8412, or fails to adopt or modify such
regulations in the manner determined as necessary by the department
or board pursuant to Section 8413 within 90 days of receipt of the
department's or board's notice pursuant to Section 8413, the local
flood control agency having jurisdiction over the project area may
adopt flood plain regulations for the designated floodway necessary
to comply with the requirements of Section 8411. Such flood plain
regulations adopted by the local flood control agency shall take
effect 30 days from the date of their adoption and shall be enforced
by the public agency and have the same force and effect as if adopted
as flood plain regulations by the public agency.



8414.2.  No public agency shall revise flood plain regulations
established to meet the requirements of Section 8411 or shall grant a
variance from such regulations without the consent of the department
or board and of the local flood control agency having jurisdiction
over the project area.