Wetland Riparian Area Protection Policy
Clean Water Act Section 401 – Certification and Wetlands Program
California Water Board Wetlands Policy: State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State
In 2019 the State Water Board adopted the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (Procedures), and the Procedures became effective May 28, 2020. The State Water Board adopted the Procedures to address several important issues. First, there was a need to strengthen protection of waters of the state that were no longer protected under the Clean Water Act due to U.S. Supreme Court decisions, since the Water Boards historically relied on Clean Water Act protections during 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 dredge or fill permits. 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.
The Procedures consist of four major elements: 1) a wetland definition; 2) a framework for determining if a wetland is a water of the state; 3) wetland delineation procedures; and 4) procedures for the submittal, review, and approval of applications for dredge or fill activities.
Final Official Documents
- Procedures: State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State
- Environmental Documentation: 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 Board Resolutions adopting the Procedures: Resolution No. 2019-0015 and Resolution No. 2021-0012
Implementation and Training Resources
- Public Training on the Procedures (May 7, 2020) Presentation Slides and Video recording
- How to use the Procedures: Implementation Guidance for the Dredge or Fill Procedures
- Checklist for Contents of a Complete Dredge or Fill Application
- Flowchart: Do the Procedures require an alternatives analysis for your project?
Development of Wetland Definition and Delineation Resources
- Technical Memorandum 1: Technical Advisory Team Formation and Purpose
- Technical Memorandum 2: Wetland Definition
- Technical Memorandum 3: Landscape Framework
- Technical Memorandum 4: Wetland Delineation
- 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.
