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.

Filter by Year Issued:  2021 | 2020 | 2019 | 2018 | 2017 | 2014 | 2013 | 2012 | 2009 | 2008 | 2007 | 2006 | 2004 | 2003

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

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:

Prior Years

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

U.S. Army Corps of Engineers, Los Angeles District 08/14/2019

Regional General Permit (RGP) 41 for Removal of Invasive Plants

2018

Applicant Date Issued Subject
U.S. Army Corps of Engineers, Los Angeles District 11/08/2018

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

U.S. Army Corps of Engineers, Sacramento District 10/10/2018

Regional General Permit (RGP) 8 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


2017

Applicant Date Issued Subject
U.S. Army Corps of Engineers, Sacramento District 03/17/2017

EXPIRED - State Water Board Certification of the 2017 Nationwide Permits

2017 Order and Attachments:

View Notices of Applicability for Projects enrolled under this Order.

2014

Applicant Date Issued Subject
U.S. Army Corps of Engineers, Sacramento District 12/15/2014

Regional General Permit (RGP) 8 for Repair and Protection Activities in Emergency Situation

U.S. Army Corps of Engineers, San Francisco District 12/10/2014

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

U.S. Army Corps of Engineers, Los Angeles District 04/02/2014

RGP 41 for Removal of Invasive Plants

IMPORTANT UPDATE - Part VII of the posted certification of RGP 41 cites an expired fee amount. As of October, 2015, the fee for all general orders, including RGP 41, is $200.00, as shown in the 401 Program Fee Calculator, Ecological Restoration and Enhancement Projects, Row (D). The Calculator is found under the Resources for Applicants” section of this 401 Certification and Wetlands Program website.

2013

Applicant Date Issued Subject
U.S. Army Corps of Engineers, Los Angeles District 11/25/2013

RGP 63 for Repair and Protection Activities in Emergency Situations

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

U.S. Army Corps of Engineers 04/19/2012

2012 Nationwide Permits

2009

Applicant Date Issued Subject
U.S. Army Corps of Engineers, Sacramento District 12/30/2009

RGP 60 for Repair and Protection Activities in Emergency Situations (Corps File # 199700652, SWRCB File # SB09012GN)

U.S. Army Corps of Engineers, San Francisco District 07/09/2009

RGP 5 for Repair and Protection Activities in Emergency Situations

U.S. Environmental Protection Agency, Region 9 02/04/2009

Vessel General Permit (VGP), Modification of the State Board's December 17, 2008 Clean Water Act Section 401 Water Quality Certification Order

U.S. Army Corps of Engineers, Los Angeles District 01/21/2009

RGP 41 for Removal of Invasive, Exotic Plants

2008

Applicant Date Issued Subject
U.S. Army Corps of Engineers, Los Angeles District 12/24/2008

RGP 63 for Repair and Protection Activities in Emergency Situations

2007

Applicant Date Issued Subject
State Water Board Initiative 03/29/2007

General 401 Water Quality Certification Order for Small Habitat Restoration Projects

2006

Applicant Date Issued Subject
U.S. Army Corps of Engineers, Los Angeles District 07/27/2006

RGP 67, Beach Nourishment in Southern California RGP 67, MND (SCH # 2005101086)

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)

U.S. Army Corps of Engineers, Sacramento District 03/30/2004

RGP 60, Repair & Protection Activities in Emergency Situations

U.S. Army Corps of Engineers, Los Angeles District 01/08/2004

RGP 41, Amendment of SB's 10/24/03 Certification Order

2003

Applicant Date Issued Subject
U.S. Army Corps of Engineers, San Francisco District 12/11/2003

RGP 5, Repair & Protection Activities in Emergency Situations

State Water Board Initiative 11/19/2003

401 - Regulated Projects (WQ Order 2003-0017)

U.S. Army Corps of Engineers, Los Angeles District 10/24/2003

RGP 41 Removal of Invasive, Exotic Plants (amended 01/08/2004)

U.S. Army Corps of Engineers, Los Angeles District 10/14/2003

RGP 63 for Emergency Situations