§ 916.1. In Lieu Practices.

In rule sections where provision is made for site specific practices to be approved by the director and included in the THP in lieu of a stated rule, the RPF shall reference the standard rule, shall explain and describe each proposed practice, how it differs from the standard practice, and the specific locations where it shall be applied; and shall explain and justify how the protection provided by the proposed practice is at least equal to the protection provided by standard rule.

(a) The in lieu practice(s) must provide for the protection of the beneficial uses of water to the standards of 14 CCR 916.3 and 916.4(b).

(b) In lieu practices stated in an approved THP shall have the same enforceability and legal authority as those practices required by the standard rules.

(c) Any in lieu practices which propose less than standard rule WLPZ widths for Class I watercourses shall include 14 CCR 916.5(e) “A” & “D” protection measures.

HISTORY

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).

2. Editorial correction of 5-31-83 order filed 6-16-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).

3. Amendment and new subsection (c) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).

Note

Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 21001(b), (f), 21002 and 21002.1, Public Resources Code; and 33 USC Section 1288(b)(2)(F).