1. (2) For purposes of this paragraph, Appendix 8A depicts the Sacramento River between the Deepwater Ship Channel and Steamboat Slough, the San Joaquin River from the Stanislaus River confluence to Rough and Ready Island, the Stanislaus River, the Cosumnes River, Middle River, Old River, Paradise Cut, Elk Slough, Sutter Slough, and the North and South Forks of the Mokelumne River.

2. (b) A certification of consistency for a project subject to this section that is an urban levee improvement project in the cities of Sacramento or West Sacramento shall evaluate alternatives that would modify all or a portion of the original levee prism to physically expand the width of the channel.

   1. (A) Constructing a new flood control work.
   2. (B) Making permanent a structural change or improvement that enhances the function of a flood control work.
   3. (C) Changing the level of protection of a flood control work.
   4. (D) Adapting a flood control work for new or different use.
   5. (2) For a covered action that had a Notice of Preparation, Mitigated Negative Declaration or Negative Declaration published prior to April 1, 2025, those changes shall become operative two years after the effective date of those changes.

   (c)(1) For purposes of Water Code section 85057.5(a)(3) and section 5001(o)(1)(E) of this chapter, this policy covers a proposed action that includes any of the following:

(a)(1) A certification of consistency for a project subject to this section that is located in the setback levee evaluation areas depicted in Appendix 8A shall evaluate, and the levee project where feasible shall incorporate, alternatives that would increase floodplains and riparian habitats.

Note: Authority cited: Section 85210(i), Water Code. Reference: Sections 85020, 85022, 85054, 85300, 85302 and 85305, Water Code.

History

1. New section filed 8-7-2013; operative 9-1-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 32).

2. Change without regulatory effect amending subsection (b) filed 2-29-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 9).

3. Repealer and new section filed 2-27-2025; operative 4-1-2025 (Register 2025, No. 9).