Clean Water Act Section 401 – Certification and Wetlands Program


General Orders

Projects that involve discharges to waters of the state in more than one region are under the jurisdiction of the State Water Resources Control Board (State Water Board). Regional Water Quality Control Boards issue orders for projects that fall within their jurisdiction, with the exception of orders for enrollment under Nationwide Permits 12, 57, and 58, which are issued by the State Water Board. The following certification orders have been issued by the State Water Board.

2023 |  2022 |  2021 |  2020 |  2019 |  2018 |  2017 |  2013 |  2012 |  2004 |  2003

Note: None available for these years: 2011, 2010 & 2005

2023

Applicant Date Issued Subject
U.S. Army Corps of Engineers Regional General Permit No. 41 for Invasive Plant and Algae Removal 09/05/2024 Water Quality Order WQ 2024-0067-DWQ Clean Water Act Section 401 Water Quality Certification and Order for Regional General Permit 41 for Eradication and Removal of Invasive, Non-Native Plant and Algal Species from Waters of the U.S.
U.S. Army Corps of Engineers Regional General Permit No. 63 for Emergency Activities 10/18/2023 Water Quality Order WQ 2023-0095-DWQ Clean Water Act Section 401 Water Quality Certification for Regional General Permit 63 for Emergency Repair and Protection Activities
U.S. Army Corps of Engineers Regional General Permit No. 23 for the Middle-mile Broadband Network Initiative 8/14/2023

Water Quality Order WQ 2023-0068-DWQ Waste Discharge Requirements and Clean Water Act Section 401 Water Quality Certification for Regional General Permit 23 for the Middle-mile Broadband Network Initiative

U.S. Army Corps of Engineers Regional General Permit No. 8 for Emergency Activities 8/1/2023

Water Quality Order WQ 2023-0061-DWQ Clean Water Act Section 401 Water Quality Certification for Regional General Permit 8 for Emergency Repair and Protection Activities

U.S. Army Corps of Engineers Regional General Permit No. 10 for Wildfire Mitigation 7/7/2023

Statewide General Water Quality Certification Order for Discharges of Dredged or Fill Material to Waters of the State from Wildfire Mitigation Activities (Water Quality Order No. 2023-0055-DWQ)

State Water Board Initiative 7/13/2023

Statewide General Waste Discharge Requirements for Discharges of Dredged or Fill Material to Waters of the State from Emergency Repair and Protection Activities (Water Quality Order No. 2023-0058-DWQ)

PG&E Bay Area Operations and Maintenance Order 4/4/2023

Order for Waste Discharge Requirements and Water Quality Certification for the Pacific Gas & Electric Company’s (PG&E) Bay Area Operations and Maintenance Program (Order No. WQ 2023-0022-DWQ)

Prior Years

2022

Applicant Date Issued Subject
State Water Board Initiative 8/16/2022

Statewide Restoration General Order – Order for Clean Water Act Section 401 Water Quality Certification and Waste Discharge Requirements for Restoration Projects Statewide – Order No. WQ 2022-0048-DWQ

Adopted by the State Water Board on August 16, 2022, in Resolution No. 2022-0029.

Final Statewide Restoration General Order (SRGO) No. WQ 2022-0048-DWQ

HOW TO APPLY FOR ENROLLMENT:

Step 1: REQUIRED - Request a pre-application consultation with the appropriate Water Board as soon as your project concept is developed, or at least 30-days prior to submitting a Notice of Intent (NOI). Use the Staff Directory to locate contact information for your Water Board.

Step 2: After Step 1 has been completed, apply for enrollment under the SRGO using one of the Notice of Intent (NOI) forms linked below. Instructions for how to enroll and submit your Notice of Intent to the appropriate Water Board are included in the Notice of Intent form. ( Save a local copy of the NOI form before filling it out.)

Related Resource:California Department of Fish and Wildlife’s CEQA Statutory Exemption for Restoration Projects (SERP)

CEQA:

2021

Applicant Date Issued Subject
U.S. Army Corps of Engineers - Nationwide Permits 1, 3a, 4, 5, 6, 9, 10, 11, 14, 20, 22, 28, 32, 36, 54 10/12/2021

EFFECTIVE FEBRUARY 25, 2022 - 2021 State Water Board General Order for the Corps’ Nationwide Permits (Order No. WQ 2021-0048-DWQ)

Dischargers seeking enrollment under NWPs 12, 57, or 58 (utility related permits), should follow the instructions in the 2020 State Water Board Certification of the NWPs (Order No. [WQ] 2020-0039-EXEC), see below under Year 2020.

NWP projects must meet specific size thresholds and other CEQA or locational requirements to enroll under this General Order (No. WQ 2021-0048-DWQ). Below is a non-exclusive list of such thresholds. If your project does not qualify for enrollment under this General Order, submit an individual application to the appropriate Water Board.

  • Projects must be exempt from CEQA.
  • Projects impacting histosols, fens, bogs, peatlands, in wetlands contiguous with fens and vernal pools are prohibited.
  • NWPs 3(a) and 14 only: Construction, replacement, or expansion of facilities in any ocean, bay, tidal waters or shores thereof are prohibited.
  • NWP 3(a) and 14 include the following size thresholds for all impacts to waters of the state:
    • Permanent Impact Acreage: no more than one hundredth (0.01) of an acre.
    • Total Impact Acreage: no more than two tenths (0.2) of an acre of total impacts.
    • Permanent Impact Length: no more than 100 linear feet.
    • Total Impact Length: no more than 300 linear feet of total impacts.

Important Note: Only the project types listed below may be eligible for enrollment under this General Order [No. WQ 2021-0048-DWQ]. Applicants seeking enrollment for projects under a Nationwide Permit not listed below or for projects not eligible for coverage under any of the Water Board's General Orders should submit an individual application to the appropriate Water Board. Visit the State Water Board's 401 Water Quality Certification and Waste Discharge Requirements webpage for individual application instructions.:

  • NWP 1 aids to navigation
  • NWP 3a maintenance
  • NWP 4 fish and wildlife harvesting
  • NWP 5 scientific measuring devices
  • NWP 6 survey activities
  • NWP 9 structures in fleeting and anchorage areas
  • NWP 10 mooring buoys
  • NWP 11 temporary recreational structures
  • NWP 14 linear transportation
  • NWP 20 response operations for oil or hazardous substances
  • NWP 22 removal of vessels
  • NWP 28 modification of existing marinas
  • NWP 32 completed enforcement actions
  • NWP 36 boat ramps
  • NWP 54 living shorelines

Nationwide Permits - other resources:

2020

Applicant Date Issued Subject
U.S. Army Corps of Engineers -
Nationwide Permits 12, 57, and 58
12/09/2020

State Water Board General Order for the Corps' Nationwide Permits (Order No. 2020-0039-EXEC)

Effective March 15, 2021

Important Note: Only the following project types may be eligible for enrollment under this General Order:

  • NWP 12 for oil or natural gas pipeline activities
  • NWP 57 for electric utility line and telecommunications activities
  • NWP 58 for utility line activities for water and other substances

NWP 12, 57, and 58 projects must meet specific size thresholds and other CEQA or locational requirements to enroll under this General Order (No. 2020-0039-EXEC). Below is a non-exclusive list of such thresholds. If your project does not qualify for enrollment under this General Order, submit an individual application to the appropriate Water Board.

  • Projects must be exempt from CEQA.
  • Projects impacting histosols, fens, bogs, peatlands, in wetlands contiguous with fens and vernal pools are prohibited.
  • Construction, replacement, or expansion of facilities in any ocean, bay, tidal waters or shores thereof are prohibited.
  • Size thresholds for all impacts to waters of the state:
    • Permanent Impact Acreage: no more than five thousandths (0.005) of an acre.
    • Temporary Impact Acreage: no more than one half (0.5) of an acre of total impacts.
    • Permanent Impact Length: no more than 50 linear feet.
    • Temporary Impact Length: no more than 400 linear feet of total impacts.

How to Apply:

  1. Fill out the Notice of Intent according to the Instructions in Attachment A (below).
    Submit the Notice of Intent and fee to the State Water Board. Fees may be paid electronically
  2. (Preferred) Send an email with all attachments and proof of payment to: SWBNWP@waterboards.ca.gov
    or mail hard copy to:
    State Water Resources Control Board, Division of Water Quality
    CWA 401 Certification Program; ATTN: Jean Bandura
    1001 I Street; 15th Floor
    Sacramento, CA 95814

2020 Order and Attachments

Projects enrolled under this General Order

Applicants seeking enrollment for projects under a Nationwide Permit not listed above or for projects not eligible for coverage under any of the Water Board's General Orders should submit an individual application to the appropriate Water Board. Visit the State Water Board's 401 Water Quality Certification and Waste Discharge Requirements webpage for individual application instructions.

2019

Applicant Date Issued Subject
U.S. Army Corps of Engineers, San Francisco District 08/30/2019

Regional General Permit (RGP) 5 for Emergency Repair and Protection Activities

2018

Applicant Date Issued Subject
U.S. Army Corps of Engineers, Los Angeles District EXPIRED

NEW PROJECTS SHOULD USE ORDER WQ 2023-0095-DWQ FOUND ABOVE

Regional General Permit (RGP) 63 for Emergency Repair and Protection Activities

Riverside County Flood Control and Water Conservation District 06/13/2018

2018 Existing Flood Control Facilities Maintenance Authorized Under U.S. Army Corps of Engineers Regional General Permit (RGP) 99

2013

Applicant Date Issued Subject
State Water Board Initiative 03/27/2013

Amended General Water Quality Certification for Small Habitat Restoration Projects

2012

Applicant Date Issued Subject
State Water Board Initiative 09/06/2012

General Water Quality Certification for Small Habitat Restoration Projects File # SB09016GN

2004

Applicant Date Issued Subject
State Water Board Initiative 05/14/2004

Statewide General Waste Discharge Requirements for Dredge or Fill Discharges to Waters Deemed by the U.S. Army Corps of Engineers to be Outside Federal Jurisdiction (WQO 2004-0004)

2003

Applicant Date Issued Subject
State Water Board Initiative 11/19/2003

401 - Regulated Projects (WQ Order 2003-0017)