Homeowners in Serra Retreat were facing fines of $27,500 a day because they repaired a concrete ford across Malibu Creek this past April.
The ford on Cross Creek Road consisted of several concrete slabs that were washed downstream when the creek flooded in January-a frequent occurrence over many years. Routinely, residents have hired a crew to repair the crossing.
But as they were about to rebuild it again this year, they were stopped when the National Marine Fisheries Service declared Malibu Creek a “protected steelhead habitat.” That meant that the concrete ford – called by engineers an Arizona Crossing – was “not permissible” because it was a barrier to steelhead trout trying to swim upstream to spawn.
Although plentiful in the creek decades ago, steelhead trout were thought to have disappeared entirely by the 1990s. But environmental watchdog Heal the Bay reported sightings of small numbers of steelhead in the creek in recent years, and lobbied for their protection.
Serra homeowners appealed to the City of Malibu for an emergency permit to restore the crossing and keep it open for traffic. The permit was granted on grounds that Cross Creek Road is one of only two fire escape routes from Serra Canyon and is essential for fire safety.
The crossing was restored in April. That triggered reactions from the California State Water Quality Control Board and the enforcement arm of the National Oceanic and Atmospheric Administration. The state threatened a $10,000-a-day fine. The federal agency threatened a fine of $17,500 daily.
Homeowners were given 60 days to come up with a better plan for crossing the creek that would not impede spawning steelhead. One option was to build a sturdy bridge high overhead. But that would cost a million dollars or more.
The solution they proposed was to construct a more advanced version of the old Arizona Crossing. The new structure would be built of one large concrete slab stretching about 60 feet over culverts, or open drains, that would allow fish to pass through. Pylons to make it flood-resistant would reinforce the crossing. Cost to Serra property owners was estimated at about $100,000.