Clean Water Act Section 401 - Certification and Wetlands Program

WETLAND AND RIPARIAN AREA PROTECTION POLICY

• State Water Board staff seek public input regarding the scope and content of Phase 1 of a statewide policy to protect waters of the state, including wetlands, from dredge and fill activities, as described in the State Water Board Resolution No. 2008-0026. CEQA Scoping Meetings on Phase I of the Wetland & Ribarian area Protection Policy are sceheduled for August 18 (Sacramento) and August 20 (Huntington Beach). Comment deadline is September 8, 2008, by 12 p.m. Please see the public notice for details.
  • Public Notice
  • Policy Presentation
  • CEQA Presentation
  • Discussion Paper
  • Resolution 2008-0026
    
    
• At the July 15, 2008 Board Meeting, the Board was updated on the progress of the Wetland Policy Development Team's charter, stakeholder plan, and timelines.
  • Board Update
    
    
• The State Water Board passed a resolution on April 15, 2008 directing work to begin on a statewide wetland and riparian area policy for future consideration. The policy will be developed in three phases, with the first phase due by mid-2009.
  • Board Resolution
  • Board Presentation (.ppt)
    
    
• Past Public Meetings
  
  
  • Wetland and Riparian Area Protection Policy (Proposed Policy)
    • Comment Deadline Extended to May 15, 2007 (Noon) for CEQA Scoping Comments
    • Notice of CEQA Scoping Meeting (revised)
      • Sacramento - April 9, 2007 (10:30 am)
      • Los Angeles - April 19, 2007 (10:30 am)
    • Informational Document
    • CEQA Scoping Presentation
    • CEQA Comment Letters
      
      
• Related Information
  
  
• 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
    
    
• Compensatory Mitigation Study Now Available
  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 (1.96MB)
  • Final Report (without Appendices) (1.71MB)
  • Appendices (2.83MB)
  • Full Report (5.49MB)
    
    
• SWANCC decision - isolated waters information and related documents.
• State Regulation of "Isolated" Waters - Summary
• Workplan:  Filling the Gaps in Wetland Protection, September 24, 2004
• Guidance for Regulation of Discharge to Isolated Waters, June 25, 2004
• Report to Legislature, Regulatory Steps Needed to Protect and Conserve Wetlands Not Subject to the Clean Water Act, April 2003
  • Appendices
• State Board Response to Federal ANPRM, March 13, 2003
• Memorandum:  Effect of SWANCC v. United States on the 401 Certification Program, January 25, 2001

• 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/Regulatory Unit, at:  (916) 341-5506.