Watershed Protection Benefit Assessment

Providing Protection to Communities

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SUMMARY

In 2017, Ventura County became the 13th most populous county in California with more than 854,000 residents. As former farm and open space lands have transformed into cities, it has become increasingly important to control floodwaters. The Ventura County Watershed Protection District (VCWPD) Benefit Assessment (BA) Program is authorized under the Ventura County Watershed Protection District Act, as amended by Chapter 438, Statutes of 1987 and Chapter 365, Statutes of 1988. Benefit Assessment rates were approved by the Ventura County Board of Supervisors and cannot be adjusted for inflation or increased without a vote. The BA Program provides revenues to financing routine operations and maintenance (O&M) of District facilities – and also funds the Countywide Stormwater Quality Management Program (VCSQMP).

Population increases result in additional buildings, roads, driveways, and other impervious surfaces like patios, roof covers, etc. This means rainfall can no longer soak directly into the ground or be used by plants and trees, and the result is increased runoff. Increased runoff also means greater flood hazards and subsequent increases in maintenance costs that strain already limited revenues. Wildfires burn off existing vegetation and established trees that normally help stabilize slopes, so this means more chance of landslides and faster more intense runoff during each rainstorm until plants can regrow.

When substantial runoff debris volume clogs up culverts and storm or sewer pipes an overflow can quickly damage adjacent properties. Mud or debris flows entering creeks, streams, or runoff channels can clog or cause significant reductions in carrying capacity of those waterways while also further straining money and resources needed to repair, enlarge, or redesign existing flood facilities.

Congress established the National Pollution Discharge Elimination System (NPDES) permit program via a 1987 amendment to the 1972 Federal Clean Water Act, with the ultimate-goal of reducing pollutants in the waters of Ventura County. NPDES activities, implementation, and enforcement has been funded through Benefit Assessment (BA) rates since 1996. Initially meant to control water pollution by regulating the discharge of pollutants to the waters of the United States, NPDES was tasked to specifically regulate industry and wastewater treatment plant discharges, along with stormwater runoff from publicly owned municipal storm drains.

BACKGROUND

Implementation Agreements (dated June 30, 1992) between VCWPD and the Cities and County of Ventura provide for the use of BA funds to finance NPDES related activities through the Ventura Countywide Stormwater Quality Management Program (VCSQMP). Assessments are levied on Ventura County properties based on the proportion of stormwater a parcel of land contributes to the overall stormwater runoff. Since 1988 the Watershed Protection District of Ventura County has depended upon an annual Benefit Assessment Program (or BA income) to fund a significant portion of its Operation and Maintenance (O&M) Division. The County’s 10 cities have become a part of the annual assessment as co-participants (called “Co-Permittees”) in the program, with the exception of the City of Moorpark. Moorpark receives no assessment for its NPDES program because it did not request a rate for the 1995-96 assessment period. Under stipulation of California Constitution Article XIII C and Article XIII D, the City may not – without a majority vote of the landowners within the City boundaries – raise its rate per Benefit Assessment Unit (BAU) to any dollar amount above zero. This means Moorpark must fund NPDES costs from other sources of revenue and cannot obtain money from BA fees.

Properties within Ventura County, and/or one of the incorporated cities of Ventura County, typically get a tax bill with at least two – and often three – charges for O&M costs, Countywide NPDES costs, and/or local Co-permittee costs associated with the city where the parcel is located. VCWPD administers the Federal Permit and the unincorporated areas of Ventura County, while the County’s 10 cities are the “Co-Permittees” working together to meet the objectives and requirements under the current Federal Permit.

Fees are calculated based on the number of Benefit Assessment Units (BAU’s) a property generates, as determined essentially on how the
property compares (run-off wise) to a typical single-family home on 0.20 acres (also known as a standard unit or 1 BAU). Lot size and County Assessor-assigned Site Use Codes determine the BAU for each parcel, which is then applied to a rate table for the particular-subzone of the County (an overlay of 10 cities over 4 flood zones = 17 subzone areas).

Exceptionally large-sized lots for the land-use type are given special consideration. This makes sense because development would not normally impact the full extent of a very oversized lot. Those parcels get the advantage of an extended formula, see booklet titled Ventura County Watershed Protection District Report on Benefit Assessment Program for Watershed Protection, Fiscal Year 2024/2025 (Appendix A and the Formula page at the end) for details and specific formula and special consideration examples. Some land uses, such as condominiums, have a predetermined size that is always used in the calculations—regardless if the actual condominium is a little bigger or smaller. (see sheets 1 & 7 of Appendix A in the above-referenced booklet).

Landowners who find their assessment does not appear to be correct after reading through the booklet, may request a review. In cases where assessment data does not adequately describe the property for the purposes of a proper or accurate BA assessment due to an incorrect Site Use Code, or the wrong acreage, the challenge should result in a revised assessment, with any changes made to the current tax year carrying forward to future years.

Download the latest Benefit Assessment Booklet by clicking on this link, or call (805) 654-2040 for help, questions, or additional information.

Assessment Review Requests should be directed to Jeff Palmer, at (805) 654-2040.

Benefit Assessment Program FAQ and Overview

Q. When did the Watershed Protection Benefit Assessment Program (BA) start?

A. On July 15, 1980, the District Board of Supervisors approved the Flood Control Benefit Assessment Ordinance (FC-26), that allows for the establishment and levy of benefit assessments to pay for the costs of providing flood control services in Zones 1, 2, 3, and 4. The Ventura County Watershed Protection District BA Program was subsequently established by the District Board of Supervisors on June 14, 1988, establishing the first assessment rates in each of the District’s four zones for Fiscal Year 1988-89. In each subsequent year, the District Board of Supervisors has resolved to continue the District BA Program.

Q. By what authority is the Ventura County Watershed Protection District able to charge me these fees?

A. State law allows Watershed Protection Districts to charge benefit assessments to help pay for flood control and watershed protection services. The authority comes from the California’s Benefit Assessment Act and local county law, and the assessment program is reviewed and approved annually by the Ventura County Board of Supervisors.

Q. How are the assessments calculated?

A. The charges are based on three factors:

Factor 1. Type of Land Use
Land use is determined by the Assessor’s Office’s Site Use Code. In general, more developed properties have a higher percentage of impervious surfaces, which generate more stormwater runoff. As a result, highly developed parcels are assessed at a higher rate than less developed parcels of similar size.

Factor 2. Size of Parcel
Larger parcels typically generate more stormwater runoff than smaller parcels with the same land use. Therefore, larger parcels are assessed at a higher rate than smaller parcels with comparable land use characteristics.

Factor 3. The Watershed Zone and Local Agency
Every parcel in Ventura County is located within one of four Watershed Zones, based on the primary waterway that defines the area. Each watershed zone is further divided into districts that correspond to incorporated cities and unincorporated areas. In total, the District has established 17 District-Zone areas to support watershed protection throughout the Ventura County.

Q. Will Benefit Assessment fees stay the same from year-to-year?

A. Benefit Assessments (BA) rates generally remain the same from year to year unless voters approve a change. Since the adoption of Proposition 218 in 1997, new or increased benefit assessments require voter approval under the California Constitution. Existing assessments may continue as allowed by law, and the District’s benefit assessment meets those requirements. While the rate itself typically stays constant, the amount charged to individual parcels may change based on factors such as land use, parcel size, and the assigned district zone. For example, assessments may increase when previously vacant or lightly developed land is improved or decrease if a property’s land use is reclassified to a lower stormwater runoff category.

Q. Why am I being charged an assessment for flood control if my property is not an area that gets flooded?

A. Fees for Benefit Assessment for Flood are determined partially by which general area contains the subject parcel. All property within the county is located in one of four flood zones. They represent the major water systems within the county, and they are divided roughly along ridgelines. Flood Control Zones are not related in any way to the “FIRM Maps” that insurance companies use to determine if a parcel is likely to become flooded during a severe storm event. FIRM Maps are generated by the Federal Emergency Management Agency, and they have nothing to do with the rates charged for Benefit Assessment for Flood Control.

Zone 1: Encompasses the Ventura River and its surrounding watershed.

Zone 2: Is generally the mid-section of Ventura County. It encompasses the Santa Clara River and the Lockwood Valley Drain and the surrounding watersheds.

Zone 3: Lies adjacent and southerly of Zone 2. It encompasses the Calleguas Creek – Arroyo Las Posas – Arroyo Simi water system and the surrounding watershed.

Zone 4: Is generally the most northerly portion and the most southeasterly portions of Ventura County. It encompasses Cumaya Creek and its surrounding watershed as well as Little Sycamore Canyon and various other canyons that lie adjacent and southerly of Zone 3.

Q. Why are three amounts on my tax bill that have the same phone number?

A. The three amounts are for 3 different components of the Benefit Assessment program.

• Operations and Maintenance: One of the fees is to help fund the routine operations and maintenance of the Watershed Protection District’s facilities.

• NPDES Compliance (District): One of the fees is to help fund Ventura County Watershed Protection District’s (VCWPD’s) compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES). The NPDES program is federally mandated. It is a program designed to prevent stormwater pollution. Each local agency, whether it be the County of Ventura or one of the ten cities in the County must comply with the NPDES program.

• NPDES Compliance (Local Agencies): The third charge helps fund NPDES compliance for local cities or the County. VCWPD collects this amount on behalf of these agencies under formal agreements.

Q. How can I make a formal complaint about the program?

A. The Benefit Assessment rates and confirmation of the program onto the upcoming year’s tax statements are subject to annual review and approval by the Board of Supervisors of the County of Ventura– both in its own right and in its capacity as the Board of the Ventura County Watershed Protection District. The public is invited to attend the annual meeting known as the “Public Hearing / Enactment Meeting” hearing which generally occurs in early summer.

The County of Ventura, acting as one of the 11 Co-permittees of the countywide stormwater program, holds a similar meeting prior to the general BA hearing. That meeting is to confirm that the County again will participate in the program as a funding measure. The “NPDES” meeting is similarly announced on the Board’s agenda. Each of the participating cities also holds their own annual hearings to confirm that they will participate each year.

Input from the public is welcome at the annual hearings.