Larkspur Municipal Code Ch. 9.12 WATERCOURSES1

Sections: 9.12.010 Definitions. 9.12.020 Watercourses as Public Easements. 9.12.030 Obstructing or Altering of Watercourses. 9.12.040 Depositing Wastes or Litter. 9.12.050 Owner’s and/or Tenant’s Responsibility. 9.12.060 Acts Requiring a Permit. 9.12.070 Application and Issuance of Permits. 9.12.080 Performance of Work by City.

9.12.090 Right of Appeal. 9.12.100 Violation – Penalty.

1 Dumping garbage or sewage in waterways – See Larkspur Municipal Code Chapter 6.12.

“Channel” means an elongated open depression in which water may or does flow.

“Conduit” means a general term for any channel intended for the conveyance of water whether open or closed.

“Ditch” means an artificial channel created for the conveyance of water.

“Drainage” means:

1. The process of removing surplus ground or surface water by artificial means; or

2. The manner in which the waters of an area are removed; or

3. The area from which waters are drained or a drainage basin.

“Person” means any person, owner, tenants, firm, partnership, or corporation.

“Storm drains” means the basic infrastructure in a municipal separate storm sewer (MS4) that collects and conveys stormwater. Storm drains include but are not limited to those stormwater drainage conveyance facilities within the City by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, creeks, manmade channels or storm drains, which are not part of a publicly owned treatment works (POTW) as defined at 40 Code of Federal Regulations (C.F.R.) 122.2.

“Stream” means any course of running water flowing on the earth.

“Watercourse” means any natural or once natural flowing river, creek, stream, swale or drainageway, whether perennial, intermittent or ephemeral. Includes natural waterways that have been channelized but does not include channels, ditches, culverts or other above or below ground constructed conduits, i.e., storm drains. (Ord. 1030 § 2(7), 2018; Ord. 1005 § 3, 2015; Ord. 344 § 1 (part), 1967; Ord. 186 § 1, 1948)

All natural watercourses and all relocated watercourses within the City are hereby recognized as and declared to be areas in which there is a public easement to flow stormwaters or surface runoff, and areas in which the public and the City possess an interest. (Ord. 1030 § 2(7), 2018; Ord. 1005 § 3, 2015; Ord. 344 § 1 (part), 1967; Ord. 186 § 2, 1948)

It shall be unlawful for any person to divert, obstruct, or alter in any way the course or bed of any watercourse, drainage basin, storm drain, or channel within the City, except in cases approved by the Public Works Director and/or the City Engineer. (Ord. 1030 § 2(7), 2018; Ord. 1005 § 3, 2015; Ord. 344 § 1 (part), 1967; Ord. 186 § 3, 1948)

It shall be unlawful for any person to deposit, or cause to be deposited, or to permit to accumulate in any watercourse any litter, brush, stumps, earth, household trash, rubbish, or garbage or any other material or matter which can or may obstruct, divert, or interfere with the natural flow of water or to discharge any pollutant as defined in Larkspur Municipal Code Chapter 9.11. It shall be unlawful for any person to discharge, deposit, or cause to be deposited, or to permit to accumulate any of the aforementioned material in, or on, any bank adjacent to the watercourse. (Ord. 1030 § 2(7), 2018; Ord. 1005 § 3, 2015; Ord. 344 § 1 (part), 1967; Ord. 186 § 4, 1948)

It shall be the responsibility of each owner, occupant, and/or tenant along any watercourse, drainage basin, storm drain, or channel within the City to maintain and keep clear of all litter, brush, stumps, earth, household trash, rubbish or garbage or any other material or matter which can or may obstruct, divert, or interfere with the natural flow of water in said watercourse.

It shall be the further responsibility of each owner, occupant, and/or tenant to keep in good repair any pier, retaining wall, bulkhead, building, bridge or any other structure built over, in or adjacent to any watercourse within the City.

It shall be the further responsibility of each owner, occupant, and/or tenant to maintain healthy bank vegetation and not remove said vegetation beyond that actually necessary for maintenance of the vegetation or restoration of a native or climate-appropriate riparian vegetation. Under no circumstance shall bank vegetation be removed in such a manner as to increase the vulnerability of the watercourse to erosion without taking appropriate measures to minimize erosion and prevent the discharge of sediment to the watercourse. (Ord. 1030 § 2(7), 2018; Ord. 1005 § 3, 2015; Ord. 344 § 2 (part), 1967)

A. It shall be unlawful for any person to commit or cause to be committed any of the following acts without first obtaining the appropriate permits from the City, which in most cases shall consist of a grading permit, building permit and an encroachment permit:

1. Construct or repair any pier, retaining wall, bulkhead, building, bridge, or any other structure in, over, or
adjacent to any watercourse within the City;

2. Discharge into or connect any pipe or channel to a watercourse;

3. Modify the natural flow of water in a watercourse;

4. Deposit in, plant in, or remove any material from a watercourse including its banks, except as required
for necessary maintenance;

5. Construct, alter, enlarge, connect to, change, or remove any structure in a watercourse.

B. Fees for said permit to be established by resolution.

C. Any and all work done under this section shall be subject to inspection by the Public Works Department or the Building Department of the City as the work progresses.

D. Issuance of a City permit does not relieve the owner, occupant, and/or tenant of obtaining permits required by state or federal agencies for the work. Such other permits may include but are not limited to permits issued by the San Francisco Regional Water Quality Control Board, State Water Resources Control Board, California Department of Fish and Wildlife, Coastal Commission, or Army Corps of Engineers. (Ord. 1030 § 2(7), 2018; Ord. 1005 § 3, 2015; Ord. 853 § 2 (part), 1993; Ord. 344 § 2 (part), 1967)

Any person wishing to construct or repair any of the structures defined in the foregoing section shall submit to the Public Works Department of the City an application containing the following information:

A. The name and address of the applicant;

B. Location where such work is to be done;

C. Description of work to be done, together with the materials to be used accompanied by an engineering drawing of the proposed work and any further information deemed necessary by the Department to carry out the work;

D. An Erosion and Sediment Control Plan if required pursuant to Larkspur Municipal Code Section 9.11.100;

E. Total estimated cost of the proposed work;

F. A statement that upon receipt of any permit, or permits, the applicant will commence work within fifteen (15) days after the issuance date and will prosecute the work to completion with reasonable diligence.

The Public Works Department shall have such plans reviewed by the City Engineer where the proposed construction, or repair, involves matters requiring competent engineering determinations and advice.

Where a structure as defined in Larkspur Municipal Code Title 15 is involved, any and all building fees required shall be paid by the applicant. (Ord. 1030 § 2(7), 2018; Ord. 1005 § 3, 2015; Ord. 344 § 2 (part), 1967)

In the event the permittee does not complete the work in accordance to the terms of the permit within a reasonable length of time, and if the completion is essential to the health, welfare, and safety of the public, or protection of the environment, the Public Works Director may cause the work to be completed at the expense of the property owner or permittee. In the event the said costs are not paid within thirty (30) days after notification, the costs shall become a special assessment and lien against the real property involved, and said assessments may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment.

In the event any person shall divert, obstruct, or interfere with any watercourse, drainage basin, storm drain, or channel in violation of the provisions of this chapter or allow any pier, retaining wall, bulkhead, building, or any other structure to become in such disrepair so as to cause any of the above conditions, the Public Works Director, after giving such person thirty (30) days’ notice in writing, may take any necessary action to correct the condition at the expense of the property owner. In the event said costs are not paid within thirty (30) days after receiving written notice thereof, they shall become a special assessment and lien on the real property involved, and subject to collection as aforesaid. In the event that the condition is discharging pollutants or has the potential to discharge pollutants to a watercourse, drainage basin, storm drain, or channel, in violation of the provisions of Larkspur Municipal Code Chapter 9.11, the Public Works Director may require immediate correction to mitigate the discharge of pollutants.

In addition to the foregoing, the City may use any other lawful means to collect the cost of any work performed by the City or on its behalf pursuant to the provisions of this section. (Ord. 1069 § 13, 2023; Ord. 1030 § 2(7), 2018; Ord. 1005 § 3, 2015; Ord. 344 § 2 (part), 1967)

Any person aggrieved by the action of any official of the City of Larkspur shall have the right of appeal pursuant to Larkspur Municipal Code Chapter 2.50. (Ord. 1030 § 2(7), 2018; Ord. 1005 § 3, 2015; Ord. 853 § 5 (part), 1993; Ord. 344 § 2 (part), 1967)

Any person defined in Larkspur Municipal Code Section 9.12.010 who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as specified in Larkspur Municipal Code Section 9.24.070. (Ord. 1069 § 2, 2023; Ord. 1030 § 2(7), 2018; Ord. 1005 § 3, 2015; Ord. 723 § 17, 1985; Ord. 344 § 2 (part), 1967)