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Encroachment Permits
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What is an Encroachment Permit? |
| An
encroachment permit is required whenever work is
proposed within the public rights-of-way or
easement. Typical examples of work include: |
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Trenching across public right-of-way for
installation of water, sewer, storm drain, cable,
and other underground utilities
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Construction of curb, gutter, sidewalk,
driveway, and roadway pavement
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Water monitoring and extraction wells, soil
sample borings
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What do I need to provide to obtain an Encroachment Permit? |
| Download the
Application for Encroachment Permit and submit
it to the Flood Control District office. Read the
list below to find out what else is required. |
| 1. |
Completed
Check List with all applicable items
addressed |
| 2. |
Completed
and signed Application Form |
| 3. |
Two sets of
approved and signed plans for the proposed
work |
| 4. |
One copy of
the District as-built drawing(s) clearly
showing the proposed work to be done under
the requested encroachment permit. As-built
drawings can be purchased from the
District's Reproduction Section
(951.955.1221). |
| 5. |
A check or
money order written for the appropriate fee
amount to be deposited. Fees will be placed
in an individual account and all District
costs will be tracked as work is performed.
If the balance in the account drops under
25% of the original deposit and the General
Manager-Chief Engineer determines that the
remaining amount is insufficient to complete
the processing of the application (including
environmental review, inspection and
finalization of the project), the applicant
will be required to submit an additional
deposit prior to continuing to work on the
application or proceeding with any further
work on the project. Further inspections
will not be scheduled until the additional
deposit is submitted. Once a project is
completed and accepted by the District, all
unused funds will be refunded to the
applicant within 60 days. All applicants,
including public entities, must submit the
required fee. |
| 6. |
A copy of
the approved and filed California
Environmental Quality Act (CEQA) document
(e.g., Notice of Exemption, Negative
Declaration, Mitigated Negative
Declaration/Initial Study, Environmental
Impact Report and Statement of Overriding
Consideration) as prepared by the Lead
Agency for the proposed project shall be
submitted to the District. The CEQA document
is usually available from the City or County
Planning Department that originally approved
the proposed project. The District, as a
CEQA Responsible Agency, must prepare the
appropriate CEQA document for the proposed
project prior to issuance of the requested
encroachment permit. |
| 7. |
Proof of
prior compliance with the approved Western
Riverside County Multiple Species Habitat
Conservation Plan (MSHCP) must be submitted
to the District for proposed projects with
the boundaries of the MSHCP. For projects
previously approved by the County or Cities,
this proof may consist of written
documentation from the applicable
jurisdiction confirming compliance with the
MSHCP. Documentation concerning payment of
the MSHCP Mitigation Fee alone is not
sufficient. The District must receive
written documentation specifically
confirming compliance with Sections 6.1.2,
6.1.3, 6.1.4 and 6.3 of the MSHCP as well as
the Criteria if the project is located
within the Criteria Area/Cell. Encroachment
Permits associated with a project not
previously reviewed by the County or a City
for MSHCP compliance or Encroachment Permits
not associated with any project that are
located within the boundaries of the MSHCP
will need to be reviewed for compliance with
the requirements of the MSHCP by the
District prior to issuance of the requested
Encroachment Permit. The issuance of an
Encroachment Permit by the District is a
discretionary action subject to compliance
with the MSHCP. |
| 8. |
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NPDES REQUIREMENTS: Encroachment
permit applications associated with
new or redevelopment projects
proposing to discharge stormwater or
non-stormwater into District
facilities must identify the
structural and non-structural best
management practices (BMPs) to
mitigate water quality impacts from
the proposed project. |
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a. |
ENCROACHMENT PERMITS WITHIN
THE SANTA ANA OR SANTA
MARGARITA WATERSHEDS:
Projects within the Santa
Margarita and Santa Ana
watershed regions of
Riverside County must meet
the requirements of Section
6 of the Riverside County
Drainage Area Management
Plan (DAMP) for the Santa
Margarita and Santa Ana
watershed regions of
Riverside County (SA/SM
DAMP). Encroachment permit
applications for projects
that meet the definition of
new development or
significant redevelopment
per Section 6 of the SA/SM
DAMP may demonstrate
compliance by providing
proof of completion of a
project-specific Water
Quality Management Plan
(WQMP). Projects that do not
meet the definition of new
development or significant
redevelopment per Section 6
of the SA/SM DAMP must
demonstrate compliance with
the structural and
non-structural BMPs
requirements specified for
other development projects
per the requirements of
Section 6.4.4 of the SA/SM
DAMP. Submittal of plans
identifying the locations of
post-construction BMPs can
be used to demonstrate
compliance with this
requirement. |
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b. |
Projects within the
Whitewater Region of
Riverside County must
demonstrate compliance with
Supplement A to the
Riverside County DAMP for
the Whitewater Region (WW
DAMP). This may be
accomplished by submitting
plans demonstrating the
location of approved
post construction BMPs, or by
submitting conditions of
approval requiring
compliance with Supplement
A. |
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c. |
Encroachment permit
applicants not associated
with new or redevelopment
projects that discharge
stormwater or non-stormwater
to District facilities must
identify the necessary
structural and nonstructural
BMPs to mitigate water
quality impacts from the
proposed project. The
applicant must complete the
Application for Third-Party
Discharge to the District
Facilities. The application
form is available on-line
from the
NPDES/Municipal Stormwater
Management Program page.
It may be advisable to
contact the NPDES
representative listed on the
form to determine what, if
any, water quality sampling
data may be needed to
process the application.
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| 9. |
STORM DRAIN
CONNECTIONS, BRIDGES AND CULVERT CROSSINGS:
Hydrology and hydraulic calculations
prepared and signed by a Registered Civil
Engineer must be submitted with all
applications for storm drain connections,
bridges and culvert crossings. The maximum
confluence angle at the junction of a
lateral storm drain and mainline channel
shall be 45 degrees. A hydraulic junction
analysis must be done if the lateral
flow rate is greater than 25% of the mainline
flow rate. The hydraulic grade line, flow
rate, and velocity shall be shown on the
storm drain profile drawing. Only reinforced
concrete pipe (RCP minimum 1500D) will be
approved within District right of way. |
| 10. |
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EXCESS MATERIAL REMOVAL: Excess
material removal shall be approved
by the District's Chief of
Operations and Maintenance, prior to
submitting the encroachment permit
application. An inspection fee for a
minimum of $0.35 per cubic yard will
take effect when the permit is
issued and is payable to the
District monthly or as specified in
the encroachment permit proposed
project. |
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a. |
Applicants requesting
encroachment permits for the
removal of excess material
from District facilities
must also submit a Storm
Water Pollution Prevention
Plan (SWPPP) per the
requirements of the
appropriate Regional Water
Control Board. A copy of the
SWPPP shall be provided and
approved by the District
prior to receiving the
requested encroachment
permit. A SWPPP template and
guidance on the preparation
of a SWPPP can be downloaded
from the California
Association of Stormwater
Quality Agencies (CASQA)
website at
http://www.cabmphandbooks.com/Construction.asp.
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b. |
Applicants requesting
encroachment permits for the
removal of excess material
from District facilities
must also submit a fugitive
dust control plan (DCP) per
the requirements of the Air
Quality Management District
or local ordinances, as
required. A copy of the DCP
shall be provided and
approved by the District
prior to receiving the
requested encroachment
permit. DCP Handbooks for
the Coachella Valley region
can be downloaded from the
Coachella Valley Association
of Governments at
http://www.cvag.org/depts/hcr.htm.
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| 11. |
The
applicant shall accept full responsibility
for obtaining and complying with all
applicable provisions of the appropriate
regulatory permits. If the requested
encroachment permit is for facilities that
will be ultimately maintained by the
District, the regulatory permits shall
address both the construction and
maintenance activities of these facilities
in compliance with all applicable Federal,
State and local regulations. These
regulatory permits include, but are not
limited to: a Section 404 Permit issued by
the U.S. Army Corps of Engineers in
compliance with Section 404 of the Clean
Water Act, a California State Department of
Fish and Game Streambed Alteration Agreement
in compliance with the Fish and Game Code
Sections 1600 et seq., and a 401 Water
Quality Certification or a Report of Waste
Discharge Requirements in compliance with
Section 401 of the Clean Water Act or State
Porter-Cologne Water Quality Act,
respectively, from the appropriate Regional
Water Quality Control Board. The applicant
shall also be responsible for complying with
all mitigation measures as required under
CEQA and all Federal, State, and local
environmental rules and regulations. A copy
of the above mentioned permits shall be
submitted to the District for review and
approval for all facilities that will
ultimately be maintained by the District
prior to District issuance of the requested
encroachment permit. For projects that will
not be maintained by the District a copy of
the above mentioned permits shall be
submitted to the District for the
encroachment permit file. Mitigation
measures may not be placed within District
rights of way without prior approval from
the General Manager–Chief Engineer. |
| 12. |
ADDITIONAL
DEPOSIT - If the District determines that
survey monuments are located in the area of
work, an additional deposit will be required
to cover the cost of replacing any survey
monuments that may be disturbed. District
survey crews will replace monuments. A map
will be provided to the applicant showing
locations of survey monuments involved. |
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