RECLAMATION DISTRICT NO. 150 – MERRITT ISLAND
2025 LANDOWNER LETTER
FREQUENTLY ASKED QUESTIONS AND ANSWERS
Central Valley Flood Protection Board Permit Website: https://cvfpb.ca.gov/permitting/encroachment-permit-information-and-application-forms/
Central Valley Flood Protection Board Frequently Asked Questions Website: https://cvfpb.ca.gov/permitting/faq/
Central Valley Flood Protection Board Contact Information Website:
https://cvfpb.ca.gov/contact-us/
Central Valley Flood Protection Board Enforcement Website:
https://cvfpb.ca.gov/enforcement/
RECLAMATION DISTRICT NO. 150 CONTACT INFORMATION:
recdist150@gmail.com
(916) 282-9038
BACKGROUND
Reclamation District No. 150 – Merritt Island (DISTRICT) submitted landowner letters using data collected during the United States Army Corps of Engineers (USACE) Periodic Levee Inspection conducted in 2014. At the federal level, USACE conducts periodic inspections to assess levee conditions, verify maintenance, determine eligibility for federal assistance, provide information to the public, and support levee safety programs.
At the state level, the Central Valley Flood Protection Board (CVFPB) uses this inspection information to coordinate inspections and repairs for identified deferred maintenance items.
At the local level, the DISTRICT is responsible for levee maintenance items. However, items that are not considered levee maintenance—such as non-district pipes, pumps, electrical poles serving pump stations, fencing, and other encroachments—are the responsibility of the individual landowners. Landowners must coordinate directly with CVFPB regarding the necessary next steps for these items.
To help you better understand your responsibilities, we’ve included answers to frequently asked questions below. If you don’t see your question answered, please reach out to the DISTRICT or the CVFPB for assistance.
CVFPB and USACE AUTHORIZATION
Q: Why did I get this letter and why do I need to get permits or approval from the CVFPB and USACE for encroachments such as pipes, structures ramps, fences, vegetation, irrigation, etc.?
A1: The DISTRICT is part of the Sacramento River Flood Control Project (SRFCP), which is a federally (USACE) authorized project. The CVFPB, is the State of California Board responsible as the Local Sponsor of the federal project. There are rules and regulations that control and authorize encroachments and features within the jurisdictional footprint of this SRFCP. Your underlying and adjacent properties are subject to these authorizations and permit compliance elements. Encroachments must be permitted and approved by the CVFPB and USACE.
Q: What area requires permits?
A1: The levee plus ten (10) feet landward of the landside base of the levee where it connects to the ground surface elevation to ten (10) feet waterward of the waterside base of the levee at the same ground surface elevation. Any feature within, on top of, passing through, beneath, or immediately adjacent to this footprint is subject to review and authorization and permit compliance by the CVFPB and USACE. This may not be exclusive and exhaustive to the full list of authorization and permit requirements by other agencies (Federal, State, Local).
ENCROACHMENTS: PIPE PENETRATION THROUGH LEVEE – PUMP OR SIPHON
Q: Why is my pipe listed as a deficiency when it works fine and I have a permit for it?
A1: The USACE and CVFPB require a pipe inspection every 5 years. The preference is to perform a CCTV camera inspection that meets the NASSCO Pipeline inspection standards. Alternatively, a pressure test can be performed on the pipe, with 1.5 times operation pressure being held for at least 30 minutes.
A2: If the permit for the pipe does not match the current condition of the pipe, pump, filter, distribution system, etc., then the CVFPB will require a new permit to be submitted to verify current configuration meets their requirements for pipe encroachments within their jurisdiction.
A3: If the pipe, upon inspection in 2014, was leaking, showed signs of deterioration and damage, or appeared abandoned, it will require coordination with the CVFPB on CCTV inspection or repairs to meet current standards, and likely an updated permit.
Q: What do I do if my pipe is not permitted, or changes to the pipe were not permitted?
A1: Coordinate with the CVFPB on options to develop a permit for your pipe. It’s possible that the pipe is a grandfathered in “authorized or system feature”, which means it was identified at the time the CVFPB and USACE annexed the DISTRICT into the Sacramento River Flood Control Project. Your pipe may be identified, but never permitted. The CVFPB has a process to develop a permit for this pipe.
A2: If the pipe has been modified from the original “authorized or system feature” condition, such as a pipe diameter change, material type change, landside standpipe conversion to filter pack, or other aperture modification, the CVFPB will require a permit to support those modifications.
A3: The CVFPB will still require a CCTV camera inspection as part of the data gathering and information sharing process.
Q: What do I do with an abandoned pipe?
A1: The CVFPB needs to know if you choose to leave the pipe abandoned, request permission to remove abandon pipe, or replace and renew with an in-kind or modified pipe. Each choice, depending on your specific situation, will have different paths forward. Depending on condition of the abandoned pipe, permit status, and other aspects, you will need to develop and process information to determine next steps.
ENCROACHMENTS: STRUCTURES: WALLS, STAIRS, DOCKS, FENCE
Q: My encroachment is listed in the recent letter, but I have a CVFPB permit, what do I do?
A1: If an encroachment has a CVFPB permit, there are two possible next steps.
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Confirm conditions of the permit, and original drawings match the authorized feature. If there are noticeable changes, damages, levee impacts then there are likely repairs that are required. If a permit was provided but the coordination with the applicant and CVFPB was not complete, there could be additional details required to complete permitting process. Coordinate with the CVFPB.
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It’s possible that your CVFPB permit is not on record with the USACE, this is the case with many Automatic Board Order (ABO) permits administered by the CVFPB in the 1970’s. Coordinate with the CVFPB..
Q: My encroachment is not permitted, what do I do?
A1: Contact the CVFPB and review the permitting requirements for your type of encroachment. There are standards and requirements for encroachments that must be met. For pre-existing features that were not permitted, there could be records of the feature that prove it existed prior to annexation of the SRFCP. This documentation helps with permitting and authorization but does not exclude the need for a permit.
A2: Check the condition of your encroachment and engage with a knowledgeable person regarding CVFPB and USACE requirements. If the encroachment is in poor condition, it will likely require either removal, repair, or replacement to meet current standards. No work within the CVFPB jurisdiction should be performed without their authorization. Always consider that an enforcement action is the result of performing work without authorization.
ENCROACHMENTS: RAMP, DRIVEWAY, LEVEE GRADING
Q: Why did an access road, or ramp on the levee get referenced to my property?
A1: There are specific access ramps, and roads, that are referenced as a County road or permitted and authorized ramp tied to system features or the SRFCP. These items are not a landowner’s responsibility to permit. Many access ramps or driveways are already permitted and in good standing. Those ramps and driveways that have been modified, damaged, or remain unpermitted will require coordination with the CVFPB for next steps.
A2: It’s possible that the ramp or driveway are referenced in as-constructed drawings and are identified as “authorized or system features”. It is possible to review these old reference documents to determine if the feature existed or was part of a previous USACE or State authorized project. If the feature was referenced at that time, the permitting process could be streamlined.