CALIFORNIA ADOPTS WETLANDS DEFINITION AND EXPANDS REQUIREMENTS FOR DREDGE OR FILL APPLICANTS

Contact: John Lormon and Miranda Barfield, Procopio
Posted May 1, 2019

After more than a decade of work, the California State Water Resources Control Board (State Board) approved on April 2, 2019, a common definition for California wetlands and a regulatory program that amends and expands the permit requirements for the discharge of dredge or fill materials that impact or could impact state waters. We forecast coming changes and their importance for development in the state in a previous article in February.

The State Wetland Definition and Procedures for Dischargers of Dredge or Fill Material to Waters of the State (Procedures), as adopted, will be incorporated in two of California’s Water Quality Control Plans. The Procedures contain four elements: a wetland definition; a framework for determining if a wetland feature falls under state jurisdiction; wetland delineation procedures; and procedures for submittal, review, and approval of applications for dredge or fill activities. This includes applications for 401 Water Quality Certifications (401 Certifications) and Waste Discharge Requirements (WDRs).

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