Nevada County Municipal Code Ch. 5 Rafting Regulations

It shall be unlawful for any person to conduct or operate any business or activity which engages in commercial rafting on any river, stream, or creek, within the County of Nevada without first obtaining a permit from the County of Nevada as required by this Section.

(Ord. 2526. (06/13/2023))

Commercial rafting on the Truckee River within Nevada County shall be limited to supervised tours in rafts conducted between 10:00 a.m. and 5:00 p.m. on that portion of the river from the Boca Bridge downstream to the Sierra County Line.

(Ord. 2526. (06/13/2023))

A. Raft shall mean and include any raft, inner tube, or any other type of inflatable or non-inflatable flotation device used or intended to be used for traversing any river or stream. It shall not include any boat required to be registered by the State of California or federal agency.

B. River shall mean all rivers, streams, and creeks within the County of Nevada.

C. Commercial Rafting shall mean and include any business or activity which receives any compensation for use of its rafts for rafting. Commercial rafting includes, but is not limited to, both outfitter supervised tours, such as guided or escorted tours in rafts, and rental operations, such as raft livery by concessionaires, raft rentals or loans, or sale and repurchase of rafts.

D. Supervised Tours in Rafts shall mean and include any trips on any river in flotation devices for two (2) or more people for consideration organized by a rafting permittee who furnishes the rafts and trained guides, who guide, lead, accompany and supervise customers in entering, traversing and exiting the river.

E. Raft Day shall mean and include the authorized use pursuant to this Section of floating one (1) raft containing any person or persons, other than a tour guide, down the river once per day by a commercial rafting permittee.

(Ord. 2526. (06/13/2023))

A. Application for a commercial rafting permit shall be obtained for the business location and/or points of ingress and egress to the river and shall be made in writing to the Planning Department accompanied by a non-refundable application fee as established by the latest adopted resolution of the Board of Supervisors. The applicant shall also pay all costs associated with processing the application as established by said latest adopted resolution.

B. A public hearing shall be held on all commercial rafting applications. The designated hearing body shall be the Planning Commission having jurisdiction over the river concerned. At least ten (10) days before such hearing, the granting authority shall give notice as follows:

1. Give written notice to all persons owning property within three hundred (300') feet or two (2) parcels removed whichever is greater of the exterior boundaries of the land area proposed to be used for any areas of ingress and egress, including resting or stopping areas and portage areas, along the proposed route as well as starting and ending points.

2. Give notice, by publishing notice of the hearing in a newspaper of general circulation in the county.

(Ord. 2526. (06/13/2023))

A. A completed application for commercial rafting permits shall be submitted to the Planning Department prior to January 31st of each year in which the rafting operation is intended to be conducted. In any year in which no completed applications have been submitted by January 31st, the application deadline for rafting operations to commence that year shall be extended to March 31st provided, however, that extension of the application deadline shall not delay the termination date of any permit granted.

B. The rafting permit application shall be reviewed pursuant to the California Environmental Quality Act (CEQA).

(Ord. 2526. (06/13/2023))

A. Applications for commercial rafting shall contain the following:

1. The name, residence, mailing address and telephone number of the applicant.

2. A site plan reflecting the location and legal description of the premises where the business is proposed to be conducted, including all lands to be used for parking, ingress and egress from the river (including stopping, resting and portage areas) and other incidental uses.

3. The name, residence, mailing address and telephone number of the property owner(s) granting the applicant permission to use their property at all areas of ingress and egress to the river and letters reflecting said consent.

4. The annual period of operation, including dates of commencement and termination.

5. A detailed explanation of the applicant's program, and plans to provide:

a. Rafts, including size and number to be used, maximum number of rafts and rafters to be accommodated per trip and number of trips per day.

b. Access to and pick up from the river, including description of shuttle vehicles to be used and proposed routes.

c. Guides, including number qualifications, training and how utilized, e.g. one (1) per raft or one (1) each in lead and trailing kayaks.

d. Safety equipment and provisions for rescue.

e. Sanitation facilities including number, type and location.

f. Vehicle parking areas.

g. Provisions for cleanup.

6. Preliminary environmental forms.

The hearing body shall not grant at any one (1) time or have more outstanding for use on any one (1) river, commercial rafting permits to more than four (4) permittees and no permittee shall be granted authorization for any more than ten (10) raft days. At no time shall the total number of outstanding authorized raft days on any one (1) river exceed forty (40) days.

Raft days may be transferred between commercial rafting permittees by mutual consent, provided that the transfer is entered in the permanent logbook of the permittees involved and advance written notice is provided to the monitoring agency.

(Ord. 2526. (06/13/2023))

A commercial rafting permit shall be issued to an approved applicant only upon compliance with the following provisions:

A. Each rafting permittee shall carry insurance effective before any rafting commences with a minimum of five hundred thousand dollars ($500,000.00) single limit general liability insurance, and one hundred thousand dollars ($100,000.00) property damage insurance and the County shall be named as an additionally insured party in each policy. All vehicles used to shuttle rafts and/or customers shall be similarly insured in the amount of one millioin dollars ($1,000,000.00), single limit general liability, and one hundred thousand dollars ($100,000.00) property damage.

B. Suitable and adequate sanitation and trash receptacles and facilities shall be provided and must be approved by the County Health Department.

C. If required for the commercial rafting operation involved, suitable assembly and disembarking areas shall be provided at points of ingress and egress from the river.

D. Off-street parking spaces shall be provided at the business location pursuant to the following: One (1) parking space for every three (3) rafters and one (1) parking space for each employee, shuttle bus and/or transport vehicle.

1. Parking as to number for any permitted commercial uses shall be pursuant to the Nevada County Codes.

2. The surfacing requirements for Subsection 1. above shall be crushed rock rolled.

E. Suitable provisions shall be made for safety vehicle access at points of ingress and egress from the river, including turn-around areas.

F. Provisions shall be made for daily clean up at business locations and all areas of ingress and egress to the river and along the proposed route.

G. Commercial rafting operators shall provide shuttle service for customers and rafts from the business location to the point of ingress to commence the trip and back from the point of egress ending the trip.

H. All rafts of each permittee used on any river shall be identified by the name of the permittee and letters and/or numbers which shall be a minimum of six (6") inches high and prominently displayed so as to be visible from either shore while the rafts are in the water.

I. Litter receptacles shall be provided for and carried in each raft. No glass containers shall be allowed in rafts.

J. Permittees for commercial rafting operations other than supervised tours in rafts shall supply information to customers notifying them of the following (visually in map form and in writing):

1. Where the white-water areas exist on the river.

2. Where customers may enter or depart from the river.

3. Where restroom facilities are available at specific locations.

4. That certain lands alongside the river are private property and therefore illegal for persons to trespass upon and that customers shall depart from the river only at approved points of egress.

K. All signs erected by the licensee shall be removed at the close of the rafting season and shall not be located on public lands or public right-of-way. No signs shall be erected upon private property without the prior written consent of the property owners. All signs shall comply with County sign ordinances and regulations.

L. Rafts shall not be rented to customers before 10:00 a.m. or after 3:30 p.m. and no raft used for commercial rafting is permitted on the river before 10:00 a.m. or after 5:00 p.m.

M. The permittee shall secure all applicable permits from the County of Nevada, and/or the State of California and/or the United States Government, including but not limited to any conditional use permits, site plan permits, building permits and health and sanitation permits, in addition to the permit provided for in this Section.

N. The permittee shall maintain a permanent log containing the name and address of each customer and occupant and the date, time, and raft number thereof.

O. Provide a letter from the appropriate fire protection agency, or other emergency response agency, that adequate emergency response have been provided for.

P. Permittees for commercial rafting operations other than supervised tours in rafts shall issue receipts to each customer for the raft rentals, which receipts shall specify and provide the name, address and telephone number of the person/entity to whom any complaints may be directed.

Q. Permittees shall comply with all applicable State and Federal regulations.

(Ord. 2526. (06/13/2023))

After considering the application and all documentary and testimonial evidence presented, the hearing body may approve, deny, take under advisement or conditionally approve the issuance of a commercial rafting permit. Any valid or reasonable condition necessary to protect the public health, safety or general welfare, or in order to protect a valuable natural resource or the environment shall be required of the permittee. Permits shall be valid for two (2) calendar years and are non-transferrable.

Findings for approval of a commercial rafting permit shall be based on the following standards:

A. That the sites for the proposed use are adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by this Chapter to adjust said use with land and uses in the neighborhood.

B. That the proposed sites to be used are located on property that is zoned for any use, excluding RA, R1, R2 and R3.

C. That the roads serving the sites are adequate to carry the quantity and kind of traffic which will be generated by the proposed use.

D. That the proposed use will have no significant adverse effect on abutting property, including all points of ingress and egress and/or property adjacent to the proposed route of operation or permitted use thereof.

E. That the conditions stated in the decision are deemed necessary to protect the public health, safety and general welfare.

F. That the permittee has demonstrated compliance or ability to comply with all other provisions of this Chapter.

(Ord. 2526. (06/13/2023))

Upon the issuance of a commercial rafting permit, the permittee shall be permitted to use raft days up to the total granted and transferred to them, subject to the payment of a further fee for actual use. Permittees for supervised tours in rafts shall pay a fee per person and per raft days, subject to adjustment in later years by resolution of the Board of Supervisors, permittees for supervised tours in rafts shall pay two dollars ($2.00) per person and permittees for rental operations shall pay five dollars ($5.00) per person for each raft day used, payable monthly, accompanied by a daily account record of days used, within fifteen (15) days of the end of each calendar month of rafting. An advance deposit against actual fees of forty dollars ($40.00) per raft day for permittees for supervised tours in rafts and seventy-five dollars ($75.00) per raft day for rental operation permittees shall be paid in advance of any use, subject to adjustment on the last payment of the year. Fees may be adjusted, from time to time, by resolution of the Board of Supervisors. Fees collected pursuant to this Section shall be applied to the cost of County enforcement and oversight of rafting regulated herein.

(Ord. 2526. (06/13/2023))

Commercial rafting permits issued pursuant to these provisions shall be revoked by the hearing body at the conclusion of a public hearing after giving written notification to the permittee at least twenty-four (24) hours prior to each hearing for any of the following causes:

A. Failure to fulfill any of the conditions attached to the issuance of the license.

B. Violation by the permittee of any County, State or Federal law.

C. False, misleading or fraudulent statements of material fact in the application or other document required by the provisions of this Chapter.

D. Failure to pay and satisfy any just civil claim or judgment rendered against permittee.

(Ord. 2526. (06/13/2023))

Each pemittee shall be responsible for maintenance and clean-up of areas of the river, including riverbanks, ingress and egress areas, and incidental rest areas, used by commercial rafting operators. Permittees for supervised tours in rafts may utilize their guides to satisfy this requirement, whereas rental operation permittees shall contract for such services at their sole expense.

A. The clean-up provided for herein shall include, but shall not be limited to, provisions for the following:

1. Regular clean up and maintenance as needed, beginning with the earliest start of rafting for any permittee and continuing until all rafting operations cease, with a final clean up after the season at low water.

2. All trash articles due to normal use shall be removed from the river.

3. Any chemical toilets utilized shall be serviced as usage dictates.

4. Where the permittee has a rental operation, the required clean up shall also include:

a. Placement of trash barrels with plastic liners at regular or necessary intervals along the river(s) during the rafting season.

b. Emptying trash receptacles daily and removing at season's end.

c. Walking of riverbank to provide cleanup of trash not in containers weekly and annually after all rafting has ended for the season.

d. On-river full-day clean-ups of river areas inaccessible by foot, including cleaning of pools by snorkeling by two (2) people monthly and annually after all rafting has ended for the season.

5. Performance of the contract clean-up be guaranteed by a cash deposit, performance bond, or letter of credit in an amount at least equal to the advance deposit against fees provided for in Section governing "Use of Raft Days: Fee" of this Section for permittees for supervised tours in rafts and the annual clean-up contract compensation for rental operation permittees. Said deposit shall be released by the County of Nevada as soon as possible after the successful completion of the river clean up. The deposit shall be forfeited in its entirety for non- performance of the clean-up.

(Ord. 2526. (06/13/2023))

The Zoning Enforcement Officer within the County of Nevada Planning Department shall be the person primarily responsible for enforcing the provisions of this Section. In addition, the Nevada County Sheriff's Office shall also be responsible for enforcing the provisions of this Section. Said appropriate County agency shall have the authority and immunity of a public officer and employee as set forth in Cal. Penal Code § 836.5 to make arrests without warrant whenever they have reasonable cause to believe that the person to be arrested has committed a violation of this Section which constitutes a misdemeanor.

(Ord. 2526. (06/13/2023))