Creek Maintenance: Frequently Asked Questions
1. Who is responsible for maintaining creeks in Santa Clara County?
No single entity is in charge of creeks in Santa Clara County. Valley Water owns or has access to maintain approximately 350 of the more than 800 miles of creeks in the urbanized valley areas of Santa Clara County. The remaining stretches of creeks are owned by private property owners, whose lands extend into the creek, and by public agencies, including the County of Santa Clara and the cities in which the creeks are located.
Valley Water maintains property where it has built flood protection projects and possesses land rights. Maintenance responsibilities in other areas depend on property ownership, Valley Water’s land rights and easements, and the type of creek or flood protection infrastructure involved.
2. If a creek runs through my property, what creek maintenance am I responsible for?
Every property owner has a duty to maintain their property in a reasonably safe condition that does not interfere with a neighbor’s ability to enjoy their property.
A property owner’s creek maintenance duties may include vegetation management, erosion repair, and removal of graffiti, trash, debris, and fallen trees. A property owner is not required to enlarge or increase the capacity of a creek for flood protection purposes.
Some creek maintenance activities are subject to permitting by local, state, and/or federal regulatory agencies before work begins.
3. What creek maintenance is Valley Water responsible for?
Valley Water’s maintenance responsibilities depend on who owns the property, whether Valley Water has an easement, and whether the area is part of a flood protection project.
On property Valley Water owns, maintenance may include managing trees and vegetation, repairing erosion and fences, and removing graffiti, trash, and debris.
Where Valley Water has an easement across private or other public property, its responsibilities are more limited. Valley Water may perform flood protection work, such as managing downed trees or removing significant obstructions to water flow. Other maintenance, such as weed abatement, erosion repair, graffiti and trash removal, generally remains the property owner’s responsibility.
Valley Water also maintains its constructed flood protection projects. This work may include removing sediment, vegetation and other obstructions, repairing erosion, and managing vegetation needed for maintenance and inspections.
4. Do I need a permit to perform maintenance on or near a creek?
Not all creek maintenance work requires permitting. Subject to best management practices to prevent pollution, activities such as hand removal of trash or graffiti removal would not require permits.
Other creek maintenance activities may require permits or approvals from local, state, and/or federal regulatory agencies. Depending on the proposed work and location, these may include:
- Your local municipality or the County of Santa Clara
- California Department of Fish and Wildlife (CDFW)
- U.S. Army Corps of Engineers (USACE)
- Regional Water Quality Control Board (RWQCB)
- San Francisco Bay Conservation and Development Commission (BCDC)
Before beginning work such as vegetation or tree removal, grading, or building, property owners are responsible for contacting their local planning department to determine which permits may apply and whether California Environmental Quality Act (CEQA) review is necessary.
5. Does Valley Water offer financial assistance for creek maintenance on private property?
Yes. Valley Water’s Creekside Neighbor Rebate Program provides financial assistance to eligible creekside property owners for qualifying projects, including erosion repair/bank stabilization, sediment removal, fallen tree and blockage removal, and storm drain outfall repair. Depending on the project, rebates of up to $150,000 may be available for eligible construction and permit costs. Projects must meet program requirements and receive pre-approval before work begins.
Learn more about eligibility, requirements, and how to apply at: valleywater.org/CreeksideNeighborRebateProgram.
6. Who should I contact if I’m not sure whether a creek maintenance issue is my responsibility or Valley Water’s?
If you have questions about creek maintenance responsibilities or need help determining whether an issue should be addressed by Valley Water, please submit a request through the Access Valley Water customer request system at access.valleywater.org.