Calaveras County Municipal Code Ch. 16.26 Public Access to Streams, Rivers and Lakes

(§ 66478.1, § 66478.2, § 66478.3, § 66478.4)

The board of supervisors finds, pursuant to Title 7, Division 2, Chapter 4, Article 3 of the California Government Code, that the population of Calaveras County is increasing rapidly, at a rate faster than the average growth rate in California, and that natural resources have a value for tourist and recreational use, and that said resources are scarce. Therefore, to be consistent with the recreation goals and policies of the general plan, it is necessary to provide reasonable public access to scarce natural resources in the county.

(Ord. 1523 § 1(part), 1982).

(§ 66478.4)

In order to provide public access to waterways, lakes and reservoirs in recreation areas of the county, subdividers may be required to dedicate public easements of access to these areas provided that:

A. The subdivision contains five or more lots, or that the lot potential of the area between the waterway of lake and the nearest public road easement is greater than twenty-five lots or parcels; and

B. The waterway is a perennial river, creek or stream; and

C. The lake allows any of the following uses:

1. Swimming,

2. Fishing,

3. Boating.

(Ord. 1523 § 1(part), 1982).

The local agency shall require that the size of the easement, from the nearest public road easement, is adequate in width for pedestrian access without disruption of private property rights. The easement shall be no less than ten feet in width expressed as five feet on each side of the centerline of the easement, and no greater than thirty feet in width, expressed as fifteen feet on each side of the centerline of the easement. An easement running parallel to the high-water line of the waterway or lake shall also be required, and shall be no wider than fifteen feet from the high-water mark.

(Ord. 1523 § 1(part), 1982).

(§ 66478.8)

The local agency shall require reasonable access as described by this chapter when there is no other means of access from the public road easement to the recreation source.

(Ord. 1523 § 1(part), 1982).