Contra Costa County Municipal Code Ch. 1010-2 General Provisions

This division is adopted to provide for the implementation of drainage, recreation and riparian vegetation provisions of the general plan, protect watercourse riparian vegetation, permit control of projects that may change the hydraulic characteristics of watercourses and drainage facilities, control erosion and sedimentation, prevent the placement or discharge of polluting matter into watercourses, and require adequate watercourse drainage facilities.

(Ord. 89-27).

(a) Findings. The board finds and declares that the unregulated obstruction, modification and use of watercourses creates conditions tending to reduce the value of private property, to promote blight and deterioration of property, to cause flooding and drainage losses, and to be injurious to the public health, safety and general welfare.

(b) Nuisance. Violations of this division and the resulting watercourse conditions constitute public nuisances which may be abated as such in accordance with the provisions of this division and code.

(Ord. 89-27: Govt. C. § 25845).

No person, firm, corporation, municipality or public district shall allow on its property or commit or cause to be committed any of the acts hereinafter described, unless a written permit has first been obtained from the enforcing officer or the enforcing officer's duly appointed representative:

(1) Impair or impede the natural flow of storm waters, or other water running in a defined channel, natural or human-made, or allow on its property or cause or permit the obstruction of such channel;

(2) Deposit any material in such channel;

(3) Excavate, grade or otherwise alter the surface of land so as to reduce the capacity of such channel;

(4) Destroy or significantly alter riparian or bank-stabilizing vegetation, including without limitation cutting, clearing, grubbing, burning, removing, excavating or grading, except as is necessary to maintain the hydraulic capacity of the watercourse:

(5) Plant any shrub, vine or tree within a riparian corridor;

(6) Construct, alter or repair any storm water drainage structure, facility or channel;

(7) Commit any act, within any easement dedicated for drainage purposes, that will impair the use of such easement for such purposes;

(8) Install or construct any new non-drainage structures, improvements thereto or expansion thereof including, but not limited to, buildings, swimming pools, patios, paving, fences, poles and similar improvements, within watercourses.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 89-27: prior code § 7600: Ord. 1447).

This division shall not prevent any person or the enforcing officer from performing emergency maintenance or work within, on, over, under, or through any watercourse, channel, ditch, conduit or natural drainageway, as necessary and proper for the preservation of life or property when an urgent necessity arises. The person performing the emergency work shall notify the enforcing officer within the next working day, and apply for a written permit within five calendar days of the beginning of work.

(Ord 89-27: prior code § 1010-2.006: Ord. 72-90: prior code § 7602: Ord. 1447).

The fees for permits for the performance of acts or works under this division and appeals shall be those recommended by the enforcing officer and established and adopted by the board of supervisors from time to time by ordinance. No fee shall be required for municipalities or public districts.

(Ord. 89-27: prior code § 1010-4.022: Ord. 72-90: prior code § 7630: Ord. 1447).

The public works department is charged with the responsibility for the administration of the provisions of this division. Pursuant to this code, the public works director may appoint or delegate authority to qualified persons or deputies for the purpose of the administration of this division.

(Ord. 89-27: prior code § 7605: Ord. 1447: § 4-2.202).

Whenever any watercourse work or related activity is being done contrary to this division, the enforcing officer may order the work or activity stopped by notice in writing served on any persons engaged in the doing or causing of the work or activity; and these persons shall stop immediately until authorized by valid permit or the enforcing officer to proceed with the work or activity.

(Ord. 89-27).