Marin County Municipal Code Ch. 11.08 Watercourse Division or Obstruction

The free and unobstructed flow of each and every creek in Marin County is essential to the proper drainage of the county and to the protection of life and property therein. Any weeds, trees, debris, rubbish, or other nonindigenous material of whatsoever kind which, at any time, interferes with the free and unobstructed flow of water in any creek constitutes a public nuisance and is subject to summary abatement, and/or abatement in accordance with Chapter 1.05.

(Ord. 1760 § 1, 1970)

Any interference with a natural watercourse on public or private property located within the coastal zone, as defined by the Coastal Act of 1976, may be subject to a coastal development permit pursuant to Chapters 22.56 and 22.57 of this code. Different standards, as set forth in Chapters 22.56 and 22.57, are applicable to projects located in coastal districts.

(Ord. 2637 § 3, 1981)

It is unlawful for any person to dump or place, or to permit to be dumped or placed, deposited, maintained or accumulated in any natural watercourse on public or private property any debris, garbage, rubbish, trash, brush, timber, dirt, fill, rocks, waste piles, or any other commodity whatsoever which obstructs, prevents, divers, or tends to obstruct, prevent or divert the normal, natural or ordinary flow of water in such watercourse. Provided, however, that nothing contained herein shall be deemed to prohibit the improvement or realignment on private property of any natural watercourse so as not to obstruct, prevent or divert the natural flow of water in such watercourse at its point of entry onto or exit from such private property.

(Ord. 1051 § 1, 1959)

Every owner of property in the district shall, at all times, keep all creeks or portions thereof which flow upon, over, or across, the property of the owner free and clear of debris, rubbish, or any other unnatural obstruction which measurably reduces the hydraulic capacity of the creek. The failure to do so shall constitute a public nuisance which may be abated in accordance with Chapter 1.05, and the costs thereof assessed against the property.

(Ord. 1760 § 2, 1970: Ord. 1051 § 2, 1959)

The director of public works shall ascertain whether any creek is unlawfully obstructed and shall remove any and all such obstructions. He may, for that purpose, enter upon any private property in the county.

(Ord. 1760 § 3, 1970)

Before issuing any building permit for the erection or construction of any building or structure, the building inspector shall determine whether or not such structure or building would interfere with free flow of any water in any creek in the county. If in the opinion of the building inspector such building or structure would interfere with the flow of water in any season, the building permit shall not be issued until the applicant or owner of the premises involved has made ample provisions for the free flow of water in the channel of the creek. The building permit may be issued only after provision for the flow of water has been completed or upon the posting of a bond to complete such work within such time and within such amount as the building inspector may require.

(Ord. 1760 § 4, 1970)

It shall be unlawful to build, construct or maintain any retaining wall, crib wall, bulkhead, artificial slope protection, conduit, bridge, building or other structure or any facility whatsoever in, upon, over or under any creek, channel or watercourse without first securing a permit therefor from the director of public works of the county of Marin.

If the proposed construction is included in work which requires a building permit or any other permit issued by the county, the director of public works may waive the requirements of this section, if all conditions which would be required by the director of public works hereunder or in applicable provisions of Chapter 23.09 are made conditions of the other permit issued by the county.

(Ord. 2710 § 3, 1982: Ord. 2690 (part), 1982: Ord. 2081 § 1, 1974: Ord. 1900 § 1, 1972; Ord. 1760 § 4, 1970)

The construction, placement, alteration or repair of any structure described in Section 11.08.050 shall not be commenced until a creek permit has been applied for and obtained from the director of public works (hereinafter referred to as director) as provided herein. Application shall be on forms supplied by the department of public works and shall be accompanied by a nonrefundable fee as established in the current "Resolution of the Marin County Board of Supervisors Establishing Fees for Permits Administered by the Department of Public Works," to cover the cost of processing the application.

Inspection fees are hereby waived when the applicant is either a local governmental entity such as a special district, school district or municipality or is a utility company regulated by the California Public Utility Commission.

If any work requiting a permit is begun without a permit, the permit fees shall be doubled to compensate for the extra work involved in inspecting completed or partially completed work.

The application shall also be accompanied by a drawing or plan clearly describing the proposed structure, the material and type of construction to be employed and a cross-section of the structure and its layout on the ground. The director may, where the proposed construction requires special skill and knowledge, require that the plan be prepared by a civil engineer duly licensed by the state of California.

If the director finds and determines that the proposed construction will not, in any way, impede the passage of water within the creek, he shall approve the plans and issue a permit, subject to such conditions as he believes necessary to insure the continued flow of water; however, prior to the issuance of the creek permit, the applicant shall deposit with the director the inspection fee determined by the director to cover the cost of inspection.

Any person dissatisfied with any action herein taken by the director may appeal the same to the board of supervisors, in writing, within ten days after notification thereof. The board shall conduct a hearing on such appeal and its decision shall be final.

(Ord. 2209 § 2, 1976: Ord. 1840 § 2, 1971: Ord. 1760 § 6, 1970)

Any retaining wall, bulkhead or other similar structure hereafter constructed without a permit as required by Section 11.08.060 shall be deemed a public nuisance and may be abated in accordance with Chapter 1.05.

(Ord. 1760 § 7, 1970)