flood control law in california’s central valley

Protection of Public Safety, Risk, and Liability Shifting after 2007 Legislation

How will it affect local planning and development?

5/12/2008 1Joel Ellinwood, AICP Lawyer-Planner

Prepared and presented byJoel Ellinwood, AICP Lawyer-Planner

Rocklin, California

Flooding – the Valley’s natural statePrehistory – an inland sea, source of today’s gas

and oilIndigenous and colonial period – pervasive

wetlands, meandering rivers and streambeds, seasonal flooding

Gold Rush – control, diversion and use of water for mining and farming

Hydraulic mining changes the landscape 1.5 billion cu.yds soil & rock - 8 x Panama canalClogged rivers, buried valley land

Valley farmers and merchants fight backGroundbreaking environmental litigation brings

end to hydraulic mining 1884. Woodruff v North Bloomfield Gravel Mining Co.

5/12/2008 2Joel Ellinwood, AICP Lawyer-Planner

River towns and sprawlSacramento, West Sacramento, Stockton,

Marysville/Yuba City, Colusa, Red Bluff, Redding all began as river towns

River towns wall off the rivers for survivalFarmers wall off the rivers to reclaim landFreeways become the new rivers in the 1950s

Tale of three cities:Marysville – contained by strong levees becomes

economic backwaterYuba City – highways 20/99 and sprawl sustain

economic dynamismWoodland – Interstate 5 jogs west and YC/Marysville

fade5/12/2008 3Joel Ellinwood, AICP Lawyer-Planner

Flood control regulatory chaosFirst reforms in 1911 – creation of State districtWelter of federal, state, cities and special district

agencies with little coordination, standards, planning, or fundingArmy Corps of EngineersBureau of ReclamationCalifornia Dept of Water Resources – Div Flood

ControlLocal levee, drainage and reclamation districts

Land use planning by cities and counties separate from flood control responsibilities

5/12/2008Joel Ellinwood, AICP Lawyer-Planner

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Probability of floodingWeather – frequency and severity of stormsHydrogeology (elevation and proximity to floodways)Quality of structural protection“100-year” protection is 1% annual = 26% over 30 years

Yuba County flooded in 1986 and 1997

Consequences of flood control failureRural and agricultural areas - lower economic damageDensely urbanized areas - higher, catastrophic,

damage

Flood risk calculus


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Who Bears the risk?Self-help – charitable assistanceFederal / State Government Assistance

Flood insurance (64% of 500-year flood plain properties not insured)

Litigation – Paterno v. State of California Case No. C040553. Third Dist. Nov. 26, 2003


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Geography of Sacramento – San Joaquin Valley

50 miles wide450 miles long


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2007 Flood Bill PackageSix Bills – redundant, overlapping, uncertainties (?)

SB 5 (Machado) Adopts 200-year flood as minimum standard Reorganizes Reclamation Board as Central Valley Flood Protection

Board Requires Central Valley Flood Protection Plan by 2012 City and County General Plans to conform to CVFPP within 24 months

– zoning within 36 months Restricts development agreements and subdivision maps within flood

hazard areas unless certain findings are made SB 17 (Florez) Sets pay for board AB 5 (Wolk) requires DWR to map areas “protected by project levees” AB 70 (Jones) Shared liability for city/county “unreasonably approving”

development in flood hazard area not consistent with CVFPP. AB 156 (Laird) Sets mapping, planning and reporting requirements and

timetables, requires DWR to give yearly notice to property owners in flood hazard areas

AB 162 (Wolk) General Plan land use, conservation, safety and housing element revision requirements defined and schedule established


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Statutory Deadlines - DWRDeadline Task Statutory

ProvisionJuly 1, 2008 Develop preliminary maps of areas within 100- and 200-year

floodplains protected by project leveesWater Code § 9610

Provide information to cities located outside areas protected by project levees of flood information available from FEMA and other sources

Water Code § 9610

December 31, 2008

Prepare schedule for mapping areas at risk within the Central Valley Water Code § 8612Prepare maps for levee protection zones, including those lands where flood levels would be more than three feet deep in the event of a project levee failure, and distribute them to other agencies

Water Code § 9130

January 1, 2009 Propose updated requirements for adoption by the Building Standards Commission for construction within areas protected by the CVFPP where flood levels are expected to exceed three feet in a 200-year flood

Health and Safety Code § 5465

January 1, 2010 Develop cost-sharing formulas with local agencies for State flood protection bonds

Water Code § 9625

September 1, 2010 Send the first of the notices to property owners whose land is in whole or in part within a levee protection zone (

Water Code § 9120

December 31, 2010 Prepare a status report on the progress of the Central Valley Flood Protection Plan

Water Code § 9610

January 1, 2012 Complete preparation of the Central Valley Flood Protection Plan Water Code § 9612


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Statutory Deadlines - CVFPB


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Deadline Task Statutory Provision

December 31, 2008

Adopt a schedule for mapping areas at risk Water Code § 8612

Advise the Legislature of implementation schedule for preparation of the periodic flood control system status report for the State Plan of Flood Control

Water Code § 9120

July 1, 2012 Adopt the Central Valley Flood Protection Plan Water Code § 9612

Statutory Deadlines Cities and Counties


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Deadline Task Statutory Provision

Annually Update the Land Use Element to incorporate available information from DWR and FEMA

Gov. Code § 65302 (a)

After January 1, 2009

Amend the Conservation and Safety Elements Gov. Code § 65302 (d) and (g)

July 1, 2012 (affected Central Valley jurisdictions only)

Cities and counties must complete their collaboration with State and local flood management agencies to develop funding mechanisms to finance local flood protection responsibilities (Water Code 9623) [This requires consistency with the Central Valley Flood Protection Plan that isn’t scheduled for adoption until 2012]

Water Code § 9612


Adopt amendments to the General Plan to conform to the Central Valley Flood Protection Plan

Gov. Code § 65302.9

County must adopt flood emergency plans, in cooperation with its cities, consistent with the Central Valley Flood Protection Plan

Water Code § 9621


Adopt revisions to the zoning ordinance to make it consistent with the amended General Plan

Gov. Code § 65860.1

Required findings for approvals The facilities of the State Plan of Flood Control or other flood management

facilities protect the property to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas.

The city or county has imposed conditions on the development agreement that will protect the property to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas.

The local flood management agency has made adequate progress on the construction of a flood protection system which will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas for property located within a flood hazard zone, intended to be protected by the system. For urban and urbanizing areas protected by project levees, the urban level of flood protection shall be achieved by 2025.

Findings must be written and based on substantial evidence in the record


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2007 Flood Bill QuestionsWhat cities and counties are affected? TBD Only applies to portions of the Central Valley

– why not anywhere in the State?Who will pay for General Plan revisions?Is there a de facto development moratorium on

development in flood plains?Is 200-year protection good enough?Who will pay for levee and other work?Is liability shift to local governments meaningful?Will global warming make matters worse?Will Valley river towns die if they can’t grow?


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American Planning Association – California ChapterTerry Rivasplata, Jones & StokesBest Best & Krieger, LLP – Jessica Hirsch & Anthony J. Van Ruiten

The City of WoodlandSacramento Area Flood Control Agency – Pete GhelfiCalifornia Department of Water Resources – webmasterGoogle


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flood control law in california’s central valley

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