California Water Code

§ 8610.5

WAT § 8610.5 Effective Jan 1, 2010Div. 5 · Part 4 · Ch. 3 · Art. 1

Statute text

(a)(1) The board shall adopt regulations relating to evidentiary hearings pursuant to Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code.

(2)The board shall hold an evidentiary hearing for any matter that requires the issuance of a permit if the proposed work may significantly affect any element of the State Plan of Flood Control or if a formal protest against that permit has been lodged.

(3)The board may, by regulation, define types of encroachments that will not significantly affect any element of the State Plan of Flood Control. Evidentiary hearings are not required for uncontested applications for those defined encroachments unless, in the judgment of the executive officer, there is a reasonable possibility that the project will have a significant effect on an adopted plan of flood control.

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Legislative history

Amended by Stats. 2009, Ch. 275, Sec. 15. (AB 1165) Effective January 1, 2010.