Pub. Resources Code § 21080.33
CEQA: General Provisions, Exemptions and Review

Pub. Resources Code § 21080.33

Emergency highway repair exemptionDIVISION 13. ENVIRONMENTAL QUALITY › CHAPTER 2.6. General

Key provisions · Claude summary, not statute text

Emergency repair of storm- or disaster-damaged existing highways is exempt, but expansion is not.

  • Covered work. Emergency maintenance, repair or restoration of an existing highway within its existing right-of-way is exempt. § 21080.33
  • Qualifying damage. The damage must result from fire, flood, storm, earthquake, land subsidence, gradual earth movement or landslide. § 21080.33
  • One-year window. The project must occur within one year of the damage. § 21080.33
  • Scenic highway exclusion. Highways designated as official state scenic highways are excluded from the exemption. § 21080.33
  • No expansion. Projects to expand or widen a highway damaged by these events are not exempted. § 21080.33

Paraphrased from the statute text; each point cites its subdivision. Check the text before relying on it.

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§ 21080.33

This division does not apply to any emergency project undertaken, carried out, or approved by a public agency to maintain, repair, or restore an existing highway, as defined in Section 360 of the Vehicle Code, except for a highway designated as an official state scenic highway pursuant to Section 262 of the Streets and Highways Code, within the existing right-of-way of the highway, damaged as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, within one year of the damage. This section does not exempt from this division any project undertaken, carried out, or approved by a public agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide.

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History. (Added by Stats. 1996, Ch. 825, Sec. 6. Effective January 1, 1997.)

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