Emergency Permitting for Discharges of Dredged or Fill Material
California is facing increased threats from climate change, including drought, wildfire, floods, and landslides. This webpage is intended to provide information regarding the permitting process for emergency projects that involve discharges of dredged or fill material to waters of the state. Examples of emergency projects that may include discharge dredged or fill material to waters of the state are: bank stabilization; restoration of damaged areas; temporary fills for staging, access, and dewatering; and repair, replacement or rehabilitation of existing structures or fills. The State Water Board has issued general permits that allow for expedited regulatory coverage for emergency projects to ensure that they proceed without delay to protect public health and safety and the environment.
If your emergency project discharges dredged or fill material to waters of the state, you are required to apply for a Water Quality Certification and/or Waste Discharge Requirements (Dredge/Fill Projects).
The General Orders listed below are available for enrollment for qualifying emergency projects. To determine which order your project may be eligible for, you first need to determine whether you need to obtain a permit from the U.S. Army Corps of Engineers and if so, which one. Use the USACP International Boundry Map to determine the Army Corps Regulatory Districts.
Use the following steps to obtain Water Boards regulatory coverage for your emergency dredge or fill project:
Step 1: Notify the State Water Board and/or the applicable Regional Water Board of the project. Notification requirements differ depending on the General Order, but all require notification to the Regional Water Board at a minimum. The required notification is provided below. The first four permits listed require notification 48 hours in advance of initiation of the project and, if such notice is not possible, within one business day following the initiation of the activity. Notification may be via telephone, email, written notice, or other verifiable means.If you are unsure how to appropriately notify the Water Boards of your proposed project, or are unsure which permit to use, please contact State Water Board staff at AskDredge@waterboards.ca.gov or consult the 401 Water Quality Certification and Wetlands Program Staff Directory to locate contact information for Regional Water Board permitting staff.
Step 2: Fill out the Notice of Intent Form for the General Order you intend to enroll under and submit it to the appropriate Regional Water Board where the discharge occurs. For projects that discharge into more than one Regional Water Board, send the Notice of Intent to the State Water Board. Information on how to submit your application can be found in the “Notification Requirements” section of the General Order.
Step 3: Submit your permit fees to the State Water Board or appropriate Regional Water Board. Information about fees can be found on our Water Quality Certification webpage.
Permits for projects that also require an Army Corps Emergency Regional General Permit (RGP)
The three permits listed below require notification 48 hours in advance of initiation of the project and, if such notice is not possible, within one business day following the initiation of the activity. Initial notification may be via telephone, email, written notice, or other verifiable means.
| 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, Sacramento District | 8/1/2023 |
RGP 8 for Emergency Repair and Protection Activities |
| U.S. Army Corps of Engineers Los Angeles District | 10/18/2023 | RGP 63 for Emergency Repair and Protection Activities |
Permit for projects that do not require an Army Corps Emergency Permit
The permit listed below requires notification 48 hours in advance of initiation of the project and, if such notice is not possible, within one business day following the initiation of the activity. Initial notification may be via telephone, email, written notice, or other verifiable means.
| Applicant | Date Issued | Subject |
|---|---|---|
| State Water Board Initiative | 7/13/2023 |
Emergency WDR for Dredge or Fill Discharges to Waters of the State |
Other Available Permits
The following permits are also available for emergency activities but require a longer notification period (45 days prior to activity). These permits are available for projects that require enrollment under the Army Corps RGP 10 Permit (Wildfire Mitigation) or Nationwide Permit 3(a) (Maintenance).
| Applicant | Date Issued | Subject |
|---|---|---|
| U.S. Army Corps of Engineers, Statewide | 7/7/2023 |
Wildfire Mitigation RGP 10
|
| U.S. Army Corps of Engineers - Nationwide Permit 3a for repair and maintenance, Statewide | 10/12/2021 |
State Certification of the Nationwide Permits Water Board General Order for the Corps’ Nationwide Permits (Order No. WQ 2021-0048-DWQ)
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.
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.:
Nationwide Permits - other resources:
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