Reasons for Exemption
Board staff has determined the project is exempt from CEQA under the Class 9, Inspections categorical exemption (CEQA Guidelines § 15309) because in preparing the updates to Article 8, the Board will continue inspecting encroachment permits to ensure permitted work meets quality, health, and safety of projects as directed by the California Water Code. The project is also exempt under the Class 21, Enforcement Actions by Regulatory Agencies categorical exemption (CEQA Guidelines § 15321) because the updates to Article 8 would continue the Board’s enforcement of existing State law on permitted work and encroachments on the flood control system. The Board is taking action to update Article 8 to enforce State law, standards, and objectives to avoid impacts to the flood carrying capacity and maintain the integrity of flood control features to prevent loss of life and infrastructure, and to prevent the interference of the operation, maintenance, and flood fighting response along flood control project features from encroachments. In addition, the project is exempt under Class 25, Transfers of Ownership of Interest in Land to Preserve Existing Natural Conditions and Historical Resources categorical exemption (CEQA Guidelines § 15325) because updates to Article 8 allows the Board to transfer ownership of lands up to 20 feet landward of levees to prevent encroachments in flood plains and other areas adjacent to flood control project features to meet the revisions of Article 8. Further, none of the exceptions to the exemption in CEQA Guidelines § 15300.2 apply.