RULES & REGULATIONS

OF THE

MONTEREY PENINSULA

WATER MANAGEMENT DISTRICT

Note: Rules subject to change. Please contact MPWMD for additional updates.

REGULATION I. GENERAL PROVISIONS

RULE 10 TITLE

These rules and regulations shall be known as the Rules and Regulations of the Monterey Peninsula Water Management District.

Added by Ordinance No. 1 (2/11/80); formerly Rule 100, renumbered by Ordinance No. 6 (5/11/81)

RULE 11 DEFINITIONS

Except as otherwise specified in the Monterey Peninsula Water Management District Law, and except where the context otherwise indicates, the following words shall be defined below as indicated, including the definitions set forth in Rules 23.5 (F), 24.5 (A), 42, and 141.

BANKWORKS – “Bankworks” shall mean gabions, riprap, revetments or other structural erosion control devices recommended in the Carmel River structural master plan.

Added by Ordinance No. 10 (7/26/83)

BED AND BANKS – “Bed and Banks” shall mean all that area between the right riverbank assessment line and the left riverbank assessment line, which term shall include within it the definitions of "riverbed" and "riverbank" as defined by these Rules and Regulations.

Added by Ordinance No. 10 (7/26/83)

BOARD ‑ "Board" and "Board of Directors" means the governing Board of Directors of the Monterey Peninsula Water Management District.

Added by Ordinance No. 1 (2/11/80)

DISTRICT ‑ "District" means the Monterey Peninsula Water Management District.

Added by Ordinance No. 1 (2/11/80)

GENERAL MANAGER - shall mean the General Manager of the District who serves as the chief (non-elected) executive officer of the District. References to the General Manager shall also refer to any designated representative of the General Manager, an individual holding authority delegated by the General Manager, including the Acting General Manager.

Added by Ordinance No. 71 (12/20/93)

GOLF COURSE – “Golf Course” shall mean an area of land designed for public or private recreational golf activities and which is zoned and approved by the local planning jurisdiction for that use.

Added by Ordinance No. 92 (1/28/99)

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT LAW ‑ "Monterey Peninsula Water Management District Law" means Statutes of 1977, Chapter 527, found in West's California Water Code Appendix, Section 118‑1 et. seq., as amended.

Added by Ordinance No. 1 (2/11/80); amended by Ordinance No. 8 (1/14/81)

NATIVE VEGETATION ‑ "Native Vegetation" shall mean those plants defined as native vegetation in B.E. Howitt and J.R. Howell (1964) The Vascular Plants of Monterey County, California, Wasmann Journal of Biology, Vol. 22, No. 4, or its current supplement a copy of which is available at the District office and is incorporated herein by this reference.

Added by Ordinance No. 10 (7/26/83)

PERMIT – “Permit” shall mean any written approval by the staff or Board of the Monterey Peninsula Water Management District, based on an application, request, or appeal. This term shall include, but shall not be limited to, approvals referenced in Regulation II, “Permits”, Regulation VI, “Fees”, Regulation VII, “Appeals”, and/or Regulation IX, “Variances”.

PERSON ‑ "Person" shall mean:

a. public entities, public utilities, private corporations, firms, partnerships, individuals or groups of individuals, whether organized or not, or

b. Any individual, firm, company, partnership, association, any private, public, or

municipal corporation (including each Jurisdiction), any public utility, the United States of America, the State of California, special districts, and all political subdivisions, governmental agencies and subdivisions thereof.

Added by Ordinance No. 1 (2/11/80); amended by Ordinance No. 3 (7/11/80); amended by Ordinance No. 60 (6/15/92)

PUBLIC - "Public" shall mean a facility owned and operated by a public agency.

Added by Ordinance No. 75 (4/17/95)

RIPARIAN CORRIDOR ‑ shall mean:

a. All that area which comprises the riverbed and riverbanks of the Carmel River which lies within the boundaries of the Carmel River Management Zone (Zone No. 3), and

b. All those areas which lie within 25 lineal feet of the riverbank assessment line, excepting however, all lands which lie outside of the Zone No. 3 boundary, and exempting lawns, landscaping and cultivated areas as shown on the spring 1983 aerial photographs taken by the California‑ American Water Company pursuant to the agreement with the District in accord with Rule 123 A of this regulation.

Added by Ordinance No. 10 (7/26/83)

RIVER WORK - shall mean:

a. Grading: Excavation or filling or a combination thereof; dredging or disposal of dredge material; mining; installation of riprap and bank protection materials.

b. Vegetation Clearing: The removal, topping or felling of any riparian vegetation and any parts thereof.

c. Building and Paving: The construction or alteration of any structure or part thereof, including access across the river, parking areas, bank protection structures, fencing, or any other such activity.

d. Disposal of Refuse Material: The deposition of refuse or debris.

e. Use of Chemicals: The use and application of herbicides, or any synthetic chemical substances.

f. Other Activities: Any other activities determined by the District Engineer to have significant impacts on the riparian corridor.

Added by Ordinance No. 69 (6/29/93)

RIVERBANK ASSESSMENT LINE ‑ "Riverbank Assessment Line" shall mean the waterline of the Carmel River during the flow with a recurrence interval of ten (10) years (ten‑year flood), as determined for the Federal Insurance Administration by Nolte and Associates; the waterline shall be determined by the step‑backwater method described in the United States Geologic Survey Water Supply Paper 1968‑A, 1966, "Definition of Stage‑ Discharge Relationship in Natural Channels by Step‑ backwater Analysis", by J.F. Bailey and H.A. Ray. In those areas where the riverbank assessment line cannot be determined through use of the foregoing criteria, a constructive riverbank assessment line shall be determined by the General Manager based upon interpretating the spring 1983 aerial photographs.

Added by Ordinance No. 10 (7/26/83)

RIVERBED ‑ "Riverbed" shall mean the more or less permanent and natural hollow, path or channel over which the regular or usual waters of the Carmel River flow with a recurring or annual interval. The term "channel" shall be synonymous with the term "riverbed".

Added by Ordinance No. 10 (7/26/83)

SHALL ‑ "Shall" is mandatory.

Added by Ordinance No. 1 (2/11/80)

The following additions and amendments to Rule 11 relate to the definitions above, in addition to the specific annotations following each definition: Ordinance No. 1 (2/11/80); Amended by Ordinance No. 2 (3/11/80), Ordinance No. 3 (7/11/80), Ordinance No. 5 (4/13/81), Ordinance No. 6 (5/11/81), Ordinance No. 7 (7/13/81), Ordinance No. 8 (1/14/82), Ordinance No. 10 (7/26/83), Ordinance 11 (11/14/82), Ordinance No. 19 (12/10/84); Ordinance No. 24 formerly Rule 101, renumbered by Ordinance No. 6 (5/11/81); Ordinance No. 96 (3/19/2001).

REGULATION XII. CARMEL RIVER MANAGEMENT

RULE 120 CARMEL RIVER ADVISORY COMMITTEE

A. COMMITTEE PURPOSE

The Carmel River Advisory Committee is a standing committee of the District. The committee shall advise the Board of Directors with regard to management of the Carmel River, and its riparian corridor and to any matter referred to this committee.

B. COMMITTEE ORGANIZATION

1. The Carmel River Advisory Committee shall be comprised of seven (7) members. Each Director of the District shall appoint one member to this advisory committee. Appointed committee members shall serve a term of two (2) years, which term shall expire on June 30, or on the date the appointing Director vacates office as a member of the MPWMD Board of Directors, whichever shall occur first. A vacancy shall be created by resignation or in the event a committee member fails to attend three (3) consecutive regular meetings without good cause as determined by the Board of Directors. Nomination to fill any vacancy or to reappoint any committee member shall be made by the Director's seat which exercised the original appointment to that position.

2. All meetings of the committee shall comply with the Ralph M. Brown Act. At the first meeting held in each fiscal year, the committee shall elect a chairperson and vice‑chairperson to preside at committee meetings. The committee may adopt rules governing the conduct of its meetings.

3. Committee members shall be required to reside within the boundaries of the Monterey Peninsula Water Management District and shall be knowledgeable about issues relating to the Carmel River. Carmel Valley residents shall be given priority in the selection of committee members. Any committee members currently sitting in a position on the committee shall be allowed to complete their term of duty, regardless of their place of residence.

Added by Ordinance No. 10 (7/26/83); amended by Ordinance No. 22 (3/11/85); amended by Ordinance No. 69 (6/21/93); amended by Ordinance No. 116 (7/19/2004).

RULE 121 CARMEL RIVER MANAGEMENT FUNDS

Added by Ordinance No. 10 (7/26/83), amended by Ordinance No. 22 (3/11/85); renumbered as part of Rule 64 by Ordinance No. 12 (4/9/84); deleted by Ordinance No. 69 (6/21/93)

RULE 122 RIVER MANAGEMENT FUND ACCOUNTING

Added by Ordinance No. 10 (7/26/83); deleted by Ordinance No. 69 (6/21/93)

RULE 123 RIVER MANAGEMENT ACTIVITIES

The following activities fall within the purview of the Carmel River Management Plan and may be undertaken by the District as discretionary acts to the extent that funds are reasonably available.

A. EROSION PROTECTION AND PREVENTION

1. Formulation of Standards

Develop technical standards and a structural master plan to guide all riverbank and channel modification projects. Guidelines may (a) set the optimum channel width and bank steepness to depth relationships, (b) address coordination requirements among nearby property owners, (c) evaluate the cost and effectiveness of alternative bank stabilization solutions, (d) establish preferred solutions, (e) define acceptable circumstances and processes for sediment removal, (f) set general engineering requirements for material and design, (g) establish requirements for covering, replanting and maintaining works once completed. Standards shall be reviewed to reflect experience gained during implementation of the program, and (h) establish aesthetic requirements for erosion works.

2. Annual Review

Review aerial photos taken each spring; walk the entire alluvial reach of the river from Camp Steffani to the Carmel River lagoon. Review areas that may be subject to erosion during the next storm season.

3. Removal of Hazardous Trees

Identify trees that appear to be diseased or likely to fall into the river. Attempt to effect removal or replacement of such trees where their removal does not conflict with the shade or wildlife requirements.

4. Snag Removal

Remove snags and debris from the channel, or secure with cables where appropriate.

5. Technical Assistance

Provide technical assistance through staff as follows:

a. Permits

Coordinate issuance of river work permits with the requirements of the County of Monterey, the California Department of Fish and Game, and the U.S. Army Corps of Engineers.

b. Design of Works

Provide design, engineering and construction supervision upon request to landowners proposing riverbank or channel protection projects.

c. Landowners

Assist landowners to acquire rights‑of‑way and assist groups of landowners to select projects by providing information on standards and costs.

d. Government

Monitor the availability of outside funding and review proposed legislation affecting the program or the interests of the Carmel River.

e. Funding

Participate in specific river works projects as feasible and desired by the Board. Financial participation may be partial or full at the discretion of the Board.

6. Project Sponsor

Administer grant funds, donations, and District projects with multiple property owner participation.

7. Construction

Construct riverbank and channel works.

8. Maintenance of Works

Operate and maintain District projects and works related to riverbank and riverbed erosion along the Carmel River.

B. MAINTENANCE OF VEGETATION

1. Monitoring

Review annual aerial photos and inspections of the riparian corridor to determine changes in the health of the riparian vegetation. Maintain a file of photos and maps showing changes in the riparian corridor.

2. Planting and Revegetation

Replant areas as needed and prioritize areas for planting. Costs of planting may be borne fully or partially by the District.

3. Technical Assistance

Provide technical assistance through staff as follows:

a. Permits

Assist individuals seeking permits to revegetate and change the vegetation type along the riparian corridor.

b. Design

Provide design, engineering, and construction support upon request to landowners proposing irrigation systems for watering riparian vegetation in the corridor.

4. Construction of Irrigation Systems

Design District irrigation system standards and specifications, and identify reaches where such irrigation is necessary to the health of the riparian corridor. Prioritize areas for irrigation. Irrigation development and construction costs may be borne fully or partially by the District at the discretion of the Board.

5. Operations and Maintenance

Monitor and maintain District irrigation systems. Operation should integrate monitoring of plant health.

6. Channel Clearing

Monitor reaches where vegetation has become established in the low flow channel or on gravel bars. Maintain adequate channel capacity to reduce or prevent damage to property and riparian habitat due to storm flows with a magnitude that is less than or equal to the once in ten (10) year runoff event.

C. INSPECTION

1. Erosion Protection Works

Inspect bank work and channel modification projects to obtain compliance with standards and permit conditions.

2. Vegetation Removal

Monitor activities along the river to prevent unauthorized grading and works.

D. EDUCATION

1. Erosion Works and Prevention

Educate landowners and the general public regarding river management and erosion prevention. Initiate forums with landowners to provide information on the cost, effectiveness and liabilities of bank modification.

2. Vegetation

Assist property owners to encourage planting of desirable species and to discourage removal of vegetation. Provide information on desirable species, spacing and maintenance.

3. Grading

Develop and distribute information on grading.

4. Regulation

Develop and distribute standards and conditions to be met in river work permits and emergency river work permits pursuant to Rule 127. Distribute information as to those activities which may be undertaken without a river work permit, and activities which are defined as "minor works" pursuant to Rule 127.

E. RESEARCH

Research stream geomorphology, erosion potential, fishery and vegetation to understand the system dynamics and to maintain appropriate standards.

F. EASEMENTS AND AGREEMENTS

Accept and acquire easements or agreements needed to provide right‑of‑way for irrigation systems and access to undertake works, and accept other property interests deeded to the District.

G. EMERGENCY

Provide emergency response to remove snags and to minimize damage where the river is causing erosion or threatening to erode.

H. OTHER RELATED ACTIVITIES

Manage the riparian corridor, examine sedimentation from non‑riparian drainage areas and evaluate culvert design at tributary junctions in conjunction with the Monterey County Department of Public Works. Monitor existing trails for impact upon the riparian corridor. Develop and propose trail standards. Accept river management funds, grants, and deeds from public and private sources.

Added by Ordinance No. 10 (7/26/83); amended by Ordinance No. 22 (3/11/85); amended by Ordinance No. 69 (6/21/93)

RULE 124 RIVER MANAGEMENT AND REGULATIONS

It shall be a violation of these Rules and Regulations, and an infraction/misdemeanor pursuant to the Monterey Peninsula Water Management District Law, (Sections 256 and 369, adopted by the California Legislature by Chapter 986, Statutes of 1981, and Chapter 767, Statutes of 1983, respectively) for any individual to do one or more of the following acts within the riparian corridor without a valid permit issued by this District:

A. Damage, remove, alter, or otherwise injure the riverbank, riverbed, canal, or reservoir which lies within the riparian corridor of the Carmel River, or take water from any canal, ditch, flume, pipe or reservoir installed or operated by the Monterey Peninsula Water Management District.

B. Damage, remove, alter or otherwise injure any sprinkler or irrigation system installed or operated by the Monterey Peninsula Water Management District.

C. Damage, remove, alter, deface, or otherwise injure any sign, barrier, or obstruction erected by the Monterey Peninsula Water Management District upon the riverbank or riverbed of the Carmel River, or within the riparian corridor of the Carmel River.

D. Damage, remove, or otherwise injure any tree within or upon the riverbank or riverbed of the Carmel River.

E. Damage, remove, or otherwise injure native vegetation, excluding poison oak, within the riparian corridor.

F. Construct, alter, damage, or otherwise injure any dike or trail within or upon the riparian corridor.

G. Drive, ride, park or travel in a motorized vehicle upon the riverbank, riverbed, or riparian corridor of the Carmel River without a valid river access permit issued by this District.

H. Fail, willfully, to observe any sign, marker, warning, notice, or direction which restricts or closes the Carmel River, or any portion of its bed or banks, to motorized vehicles.

The first offense of this rule shall be an infraction, punishable by a minimum fine of five hundred dollars ($500). The minimum fine may be increased to a maximum of one thousand dollars ($l,000) based upon the extent of damage caused.

The second offense of this rule shall be a misdemeanor, punishable by a fine not to exceed five thousand dollars ($5,000), and imprisonment in the county jail not to exceed six months.

Added by Ordinance No. 10 (7/26/83), amended by Ordinance No. 14 (11/12/84), amended by Ordinance No. 69 (6/29/93)

RULE 125 RIVER ACCESS PERMITS

A. River access permits shall be required by any person who drives, rides, parks or travels in a motorized vehicle upon the riverbank, riverbed, or riparian corridor of the Carmel River. Permits for such activity shall be issued by the General Manager or the District Engineer who shall follow guidelines established by the Carmel River Advisory Committee. River access permits may be conditioned to affect the purposes of this regulation. Each river access permit granted by this rule may be revoked for cause by the General Manager.

B. River access permits shall be granted for those portions of the riverbank and riparian corridor for uses which are necessary to the ordinary operation, maintenance, or repair of existing golf courses. River access permits shall be granted for all uses on lands within the state park system.

C. Determinations of the General Manager or the District Engineer granting, denying or conditioning river access permits may be appealed to the Board of Directors pursuant to Rule 70, "Appeals" upon payment of the fee specified in Rule 63 (D).

Added by Ordinance No. 14 (11/12/84)

RULE 126 RIVER WORK PERMITS

A. REGULAR PROCEDURE

River work permits shall be required by any person who undertakes riverbank or riverbed protection, riparian vegetation removal, channel modification or activities prohibited by Rule 124 within the riparian corridor, except where such activity is expressly exempt from this permit process in accord with Rule 126 B. Such a permit must be obtained prior to the commencement or any work or activity unless that activity is defined as a "minor work" or unless that activity is an "emergency work". Minor works may be undertaken in accord with the process set forth in Rule 127 A (4) below. Emergency works may be undertaken in accord with the process set forth in Rule 127 B.

B. PERMIT EXEMPTIONS

This District Board may from time to time, upon advice of the Carmel River Advisory Committee, designate river works which shall be exempt from this permit process, and therefore not be subject to the prohibitions set forth in Rule 124. District staff shall maintain and distribute a list of such exempt activities.

C. EMERGENCY PROCEDURE

Emergency riverbank or riverbed protection or channel modification measures are excepted from the prior requirement for a river work permit, provided that the General Manager or District Engineer must first declare such an emergency to exist or to be imminent. Emergency work permits shall be processed in accord with Rule 127 B. When declaring an emergency, the General Manager or District Engineer shall take into account the high probability of flooding, erosion danger, blockage and structural damage. During a declared period of emergency, the District must be notified as soon as possible in writing of the type, location and extent of any emergency works. Application for approval shall then be made within 10 days after such emergency works were begun to the Monterey Peninsula Water Management District on forms supplied by the District and, if required by the General Manager or District Engineer, shall be accompanied by appropriate plans.

D. PROCEDURE WHERE A LIFE OR PROPERTY IS THREATENED

Should an emergency situation arise that requires immediate bank protection actions to mitigate a clear and present danger to life or property, such actions may be performed without prior approval of the General Manager or District Engineer. Protective measures performed under this subsection shall be limited to those needed to mitigate such clear and present danger to life or property. Such activity shall immediately be communicated to the District, and within ten calendar days of the commencement of such actions the type, location, and extent of protective measures performed under this subsection shall be reported in writing to the District.

Added by Ordinance No. 10 (7/26/83), amended by Ordinance No. 22 (3/11/85); formerly Rule 125, renumbered by Ordinance No. 14 (11/12/84)

RULE 127 PERMIT PROCESS

A. RIVER WORK PERMITS

1. Applications for river work permits shall be made to the Monterey Peninsula Water Management District on forms supplied by District staff and shall be accompanied by plans showing appropriate site, improvement and engineering information as may be required by District staff. The fee prescribed by Rule 60 shall be required for any river work permit.

2. Any application which appears to propose an activity regulated pursuant to the National Flood Insurance Program, including but not limited to:

a. grading or changes in land forms that might alter channel hydraulics or the configuration of the floodway, or

b. levees or other flood control works that might alter channel hydraulics or the configuration of the floodway, shall be referred for review and comment to the Monterey County Water Resources Agency.

3. A public hearing shall be held by the General Manager or District Engineer on the

application after the District Staff determines that the information submitted by the applicant is sufficient to consider the matter; not less than ten (10) calendar days prior to the public hearing the District shall give notice of the hearing by one publication in a newspaper of general circulation and by posting notice in conspicuous places close to the properties affected by the application. The General Manager or his delegee shall have sole discretion as to where to post such notice, and a failure to post shall not invalidate the proceedings. The General Manager or his delegee shall also give notice of such hearing by mailing postage prepaid a notice of the time and place of such hearing to persons owning property adjacent to the exterior boundaries of the area actually occupied by the use for which the river work permit was applied. Addresses shall be used from the last equalized assessment roll, or alternatively, from such other records of the Assessor or the Tax Collector as contain more recent addresses in the opinion of the General Manager. No hearing shall be required of non-controversial minor works.

4. The Board of Directors shall by resolution promulgate upon advice of the Carmel River Advisory Committee a list of "minor works" for which permits, in the absence of controversy, may be granted by the General Manager upon payment of the fee prescribed by Rule 60 without published notice or public hearing. Minor work permits which have been issued shall be prominently posted in the Monterey Peninsula Water Management District office, and shall not become effective until seven (7) days after issuance. Such permits may be appealed to the Board pursuant to Rule 127 (C) of this regulation. Holders of a minor work permit may undertake such work immediately upon issuance of the permit (but before the permit becomes effective), provided however, that each applicant for a minor work permit who undertakes work prior to the effective date of such permit agrees in writing to proceed during that seven‑day period at his own risk, and agrees to indemnify and hold harmless the Monterey Peninsula Water Management District for any damage which may result, and agrees to comply with any Board order should the permit be denied or conditioned on appeal.

5. In order to grant a regular river work permit, an emergency work permit, a minor work permit, or the General Manager or the District Engineer shall make the following findings based upon facts apparent from the district files, the permit application or facts presented at the hearing:

a. the work allowed by the proposed permit does not appear to adversely affect

adjoining or other properties;

b. the work allowed appears to be visually compatible with the natural appearance of the river channel, banks and riparian corridor;

c. the work allowed appears to be appropriate for the intended purpose, and be consistent with technical standards and plans set by the Carmel River advisory Committee;

d. the establishment, maintenance or operation of the use or work applied for does not appear under the circumstances of the particular case, to be detrimental to health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood or to the general welfare of the District, and

e. the work permitted appears either to comply with, or be exempt from the requirements of the National Flood Insurance Program.

Each permit shall briefly set forth or refer to the evidence supporting the findings.

6. The General Manager or the District Engineer may designate conditions in connection with the permit to secure the purposes of this regulation, in addition to any standard permit conditions which may be required by the Board. The General Manager or the District Engineer may also require bond and guarantees to assure compliance with the conditions.

7. Each permit issued by the General Manager or the District Engineer shall become effective seven (7) days after the date such permit was issued and remain valid until the date of expiration stated on the permit; or if no date of expiration is stated or otherwise specified, all such permits shall expire one year from the date of granting said permit.

8. When a property owner wishes to maintain the river channel and/or riverbank on a regular basis, a river work permit may be issued by the General Manager or District Engineer upon the approval of an appropriate management plan. Permits granted for such ongoing activity under this rule shall state this basis for termination as follows:

"This permit shall terminate on the date set forth below; and if no date of termination is set, shall terminate one year after the repeal of this rule or regulation".

B. EMERGENCY RIVER WORK PERMITS

Emergency riverbank or riverbed protection or channel modification measures performed under this Regulation shall require a subsequent emergency river work permit from the General Manager or District Engineer. An application for such a permit shall be submitted within ten (10) calendar days after commencement of such measures. The fee prescribed by Rule 60 shall be required for any emergency river work permit. The intent of such a subsequent emergency river work permit is to ensure that any emergency bank and bed protection measures conform to or will be brought into conformance with the technical standards promulgated in accord with this regulation. To the extent practicable, emergency river work permits shall be administered and granted in accordance with Rule 127 A above, and may also be appealed to the Board in accord with Rule 127 C. Standards shall be developed and distributed summarizing the design concepts that will be required in emergency permits. Persons undertaking emergency works without prior approval shall bear sole responsibility for the adequacy and safety of such work, and shall be deemed to proceed at their own risk. The District, upon later review of the emergency work permit, reserves the right to require removal or modification of such works to that measure compatible with the structural management plan.

C. PERMIT APPEALS

Determinations of the General Manager or the District Engineer may be appealed to the Board of Directors pursuant to Rule 70, "Appeals" upon payment of the fee specified in Rule 63 (D).

Added by Ordinance No. 10 (7/26/83), amended by Ordinance No. 22 (3/11/85); formerly Rule 126, renumbered by Ordinance No. 14 (11/12/84); amended by Ordinance No. 69 (6/21/93)