Information provided by San Benito County Sheriff’s Department. Lea este artículo en español aquí.
The SBC Sheriff’s office has issued the following information to homeowners in the county.
On September 21, 2026, Governor Gavin Newsom officially issued a statewide State of Emergency proclamation for California to bolster preparedness and fast-track flood- protection efforts ahead of a historic El Niño season. Following this proclamation, the San Benito County Board of Supervisors officially declared a local State of Emergency on September 22, 2026. These emergency declarations allow state and local agencies to streamline emergency permitting and clear regulatory hurdles so that communities can actively safeguard infrastructure and private property before severe storms arrive.
As we prepare for the upcoming rainy season, San Benito County is asking residents and property owners to help keep stormwater drainage areas clear. Leaves, branches, trash, sediment, overgrown vegetation, and other materials can obstruct the flow of stormwater into roadside ditches, culverts, and storm drains. During periods of heavy rain, these obstructions can cause water to back up and increase the potential for flooding of roads and surrounding properties.
Property owners and residents are asked to inspect their properties safely and remove any debris, vegetation, or other materials that may block or restrict the flow of stormwater. Particular attention should be given to drainage areas along or adjacent to your property.
California state law imposes multiple overlapping duties on private property owners to prevent conditions on their property that obstruct the flow of stormwater in a manner that may flood or otherwise damage public property, primarily through nuisance law (Civil and Penal Code), the Streets and Highways Code, the Water Code, and related statutes. The County Code also imposes similar duties. Penalties include payment of the County’s costs to abate the unlawful conditions along with the costs of repairing damage to County roads and property. Violations may also be prosecuted as criminal misdemeanors.
Considering these emergency declarations and the high risk of winter flooding, landslides, and debris flows, many residents may need to perform immediate protective or repair work on creeks, streams, or rivers running through their properties. Please be aware of the following critical regulatory rules regarding watercourse maintenance during this emergency period:
Immediate Emergency Work is Authorized: Under California Fish and Game Code Section 1610, you are legally permitted to take immediate action on your property to protect life or structures from imminent danger (such as removing major debris jams or stabilizing an actively failing bank threatening a home). You do not need to wait for a permit or provide advance notice to the California Department of Fish and Wildlife (CDFW) to begin true emergency work.
Post-Work EPIMS Notification is Required: While you do not need prior approval, you are legally required to notify CDFW in writing within 14 days of beginning any emergency watercourse work. This notification must be submitted electronically through the state’s online Environmental Permit Information Management System (EPIMS) portal.
Create a Free EPIMS Account: To file your notification, you must log into the portal. If you do not have an account, you can register for a free account by visiting the EPIMS Login Page (https://epims.wildlife.ca.gov/). There is a $0 application fee for submitting an Emergency Work Notification under Section 1610. Routine Work Still Requires Prior Approval: Standard, non-emergency maintenance-such as future landscaping upgrades, routine seasonal clearing that does not pose an immediate hazard or installing a permanent bridge-does not qualify under these emergency rules. Standard projects still require a traditional Lake or Streambed Alteration (LSA) Agreement filed and approved via EPIMS before any work begins.
San Benito County Public Works will also be inspecting and maintaining County drainage facilities in preparation for the rainy season. Keeping drainage areas clear helps stormwater move as intended and can reduce the potential for localized flooding.
We urge all residents with watercourses on their properties to inspect them safely this week, evaluate potential flood hazards, and register for their free EPIMS account should emergency intervention become necessary as the storms approach. Thank you for your cooperation and for helping keep our communities prepared.
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