1. (a) No encroachment shall be allowed or constructed in a floodway, unless it can be demonstrated by appropriate analysis that the encroachment will not unduly impede the free flow of water in the floodway or jeopardize public safety.
2. (b) 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 would encroach in a floodway that is not either a designated floodway or regulated stream.

Note: Authority cited: Section 85210(i), Water Code. Reference: Sections 85020, 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. Amendment of subsection (b) filed 2-27-2025; operative 4-1-2025 (Register 2025, No. 9).