Wetland Riparian Area Protection Policy
Clean Water Act Section 401 – Certification and Wetlands Program
State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State
In 2019 the State Water Resources Control Board (State Water Board) adopted a State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (Procedures). The Procedures consist of four major elements: 1) a wetland definition; 2) a framework for determining if a wetland feature is a water of the state; 3) wetland delineation procedures; and 4) procedures for the submittal, review and approval of applications for Water Quality Certifications and Waste Discharge Requirements for dredge or fill activities.
The State Water Board adopted the Procedures to address several important issues. There was a need to strengthen protection of waters of the state that were no longer protected under the Clean Water Act (CWA) due to U.S. Supreme Court decisions, since the Water Boards historically relied on CWA protections in dredged or fill discharge permitting practices. Second, there was inconsistency across the Water Boards in requirements for discharges of dredged or fill material into waters of the state, including wetlands. Third, there was no single accepted definition of wetlands at the state level, and the Water Boards historically had different requirements and levels of analysis regarding issuance of water quality certifications. Finally, regulations have historically not been adequate to prevent losses in the quantity and quality of wetlands in California, where there have been especially profound historical losses of wetlands.
Final Official Documents
- State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State
- Staff Report – Including Substitute Environmental Documentation for the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State
- State Water Resources Control Board Resolution No. 2019-0015 (posted 05/14/19)
- Response to Comments Received on the July 21, 2017 Draft Procedures (posted 03/22/19)
The Office of Administrative Law (OAL) approved the Procedures on August 28, 2019. Pursuant to the Procedures, the effective date is nine months upon OAL approval. Accordingly, the Procedures became effective May 28, 2020.
The State Water Resources Control Board issued a Notice of Decision on August 30, 2019.
On April 6, 2021, the State Water Resources Control Board adopted a resolution to confirm that the “State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State” is in effect as state policy for water quality control.
- Resolution (adopted April 6, 2021)
- Response to Comments (comment period held between February 3 and March 8, 2021).
The Office of Administrative Law approved Resolution No. 2021-0012 and minor amendments on November 18, 2021 (OAL Matter Number 2021-1007-02(S)). As described above, the Procedures went into effect on May 28, 2020. The effective date for Resolution No. 2021-0012 and the minor amendments is November 18, 2021.
Implementation and Training Resources
- Public Training on the Procedures – May 7, 2020
- Presentation Slides
- Video recording
- Procedures Overview starts at 08:00
- Wetland Definition, Delineation, and Jurisdictional Framework starts at 09:55
- Application Submittal Review, and Approval Process, including federal changes starts at 18:40
- Application Requirements start at 29:50
- Alternatives Analysis starts at 32:35
- Compensatory Mitigation starts at 42:15
- Procedural Exclusions start at 50:10
- Implementation Guidance for the Dredge or Fill Procedures
- Optional Review Checklist for Contents of a Complete Application Pursuant to the Dredge or Fill Procedures
- Do the Procedures require an alternatives analysis for your project? Click here for an informational flowchart.
- State Water Board staff will provide annual progress reports to the State Water Board in consultation with stakeholders regarding implementation issues, updates regarding application processing timelines, and environmental performance measures
Documents related to the development of the Procedures are stored by the Division of Water Quality and are available upon request.
- The Technical Advisory Team (TAT) was formed under a USEPA grant to assist in scientific analysis of specific policy topics.
- Technical Memorandum 1: Technical Advisory Team Formation and Purpose
- Technical Memorandum 2: Wetland Definition
- Technical Memorandum 3: Landscape Framework
- Technical Memorandum 4: Wetland Delineation
- Water Boards Peer Review - Proposed Wetland Definition and Delineation Method
- 2011 December 22 – CRAM Peer Review and Staff Comments
Rapid wetland condition assessment methods, such as CRAM, are currently under consideration as part of the Phase 1 Wetland Area Protection Policy assessment, monitoring and reporting requirements. For this reason, CRAM was submitted for external scientific review to verify that the scientific findings, conclusions, and assumptions of CRAM are based upon sound scientific knowledge, methods, and practices. Get more information on the State Water Resources Control Board peer review process.
- Executive Order W-59-93 (signed by Governor Pete Wilson on August 23, 1993) established state policy guidelines for wetlands conservation. The primary goal of this policy is to ensure no overall net loss and to achieve a long-term net gain in the quantity, quality, and permanence of wetland acreage in California. The federal wetlands policy, representing a significant advance in wetlands protection, was unveiled by nine federal agencies on August 24, 1993.
- Executive Order W-59-93
- California Wetlands Conservation Policy (available upon request)
- Compensatory Mitigation Study
The State Water Resources Control Board has released a comprehensive study that evaluates the effectiveness of the State's wetland regulatory program. The study found that the permit compliance was generally met and that overall wetland acreage was being maintained; however, the biological health of the these replacement wetlands was low. The study is titled "An Evaluation of Compensatory Mitigation Projects Permitted Under Clean Water Act Section 401 by the California State Water Resources Control Board, 1991-2002" by Richard F. Ambrose and Steven F. Lee of the University of California, Los Angeles, and John C. Callaway of the University of San Francisco.
- Executive Summary (available upon request)
- Final Report (available upon request)
- Appendices (available upon request)
- Full Report (available upon request)
- SWANCC decision - isolated waters information and related documents.
- CWA Section 401 Certification and Wetlands Program Web Page
- For more information on this topic, contact the State Water Board's, Division of Water Quality/Water Certification Unit
Wetlands Permitting and Planning Unit
phone: (916) 341-5579
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