Fish and Game Lake and Streambed Alteration Program

The Department of Fish and Game is responsible for conserving, protecting, and managing California's fish, wildlife, and native plant resources. To meet this responsibility, the law requires any person, state or local governmental agency, or public utility to notify the Department before beginning an activity that will substantially modify a river, stream, or lake. If the Department determines that the activity could substantially adversely affect an existing fish and wildlife resource, a Lake or Streambed Alteration Agreement is required.

Lake and Streambed Alteration Program Question and Answers:

When must I notify the Department?

Fish and Game Code section 1602 requires any person, state or local governmental agency, or public utility to notify the Department before beginning any activity that will do one or more of the following: 1) substantially obstruct or divert the natural flow of a river, stream, or lake; 2) substantially change or use any material from the bed, channel, or bank of a river, stream, or lake; or 3) deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it can pass into a river, stream, or lake. Fish and Game Code section 1602 applies to all perennial, intermittent, and ephemeral rivers, streams, and lakes in the state. If you are not certain that your proposed activity requires notification, the Department recommends that you notify.
How do I notify the Department?

In order to notify the Department, a person, state or local governmental agency, or public utility must submit a complete notification package and fee to the Department regional office that serves the county where the activity will take place. The notification package is available from any Department regional office and this page of the Department's website. The fee schedule-section 699.5 in title 14 of the California Code of Regulations- is included in the notification package. The Department's regional offices and the counties they serve are listed in the notification package and on this page of the Department's website. The notification package explains how to complete the notification package and the agreement process.
What happens after I notify the Department?

After you notify the Department, the Department will determine whether your notification package is complete. The Department will make this determination within 30 calendar days of receiving the notification package if you are applying for a regular agreement (i.e., an agreement for a term of five years or less). If the notification package is incomplete, the Department will contact you and specify the information you need to provide to make it complete. The Department will not process your notification package until it receives the additional information. If your notification package is complete, the Department will process it as described below. The 30-day time period does not apply to notifications for long-term agreements (i.e., agreements for a term greater than five years).

After the Department receives a complete notification package, it will determine whether you will need a Lake or Streambed Alteration Agreement for your activity. An agreement will be required if the activity could substantially adversely affect an existing fish and wildlife resource. If an agreement is required, the Department will conduct an onsite inspection, if necessary, and submit a draft agreement to you. The draft agreement will include measures to protect fish and wildlife resources while conducting the project.
Does the Department need to comply with other state laws or regulations before issuing a Lake or Streambed Alteration Agreement?

Yes. The Department must comply with the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000, et seq.) before it may issue a final Lake or Streambed Alteration Agreement. Issuance of a final Lake or Streambed Alteration Agreement occurs after the Department receives a draft Lake or Streambed Alteration Agreement from the applicant and the Department signs it. In many instances, the Department will receive a signed draft Lake or Streambed Alteration Agreement from an applicant before the lead agency has fully complied with CEQA. In those instances, the Department must wait for the lead agency to fully comply with CEQA before it may sign the draft Lake or Streambed Alteration Agreement, thereby making it final.

For a detailed explanation of CEQA, you should consult the statute itself, the CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) that implement CEQA, and CEQA handbooks and guides. CEQA and the CEQA Guidelines are available here.
Should I contact other governmental agencies regarding my proposed activity?

Depending on the activity you are proposing, in addition to a Lake or Streambed Alteration Agreement, you might need to obtain a permit, agreement, or other authorization from one or more governmental agencies. You should first contact your city and county planning departments to determine whether you need to obtain any local permits. The State and federal agencies listed below might also have permitting authority over your activity. You should contact these agencies if you are not familiar with their permitting requirements.

State agencies: Coastal Commission; Department of Conservation; Department of Forestry; Department of Water Resources; Regional Water Quality Control Boards; State Lands Commission; and the State Water Resources Control Board.

Federal agencies: NOAA Fisheries; U.S. Army Corps of Engineers: U.S. Fish and Wildlife Service: and the U.S. Forest Service.

Please Note: Your local permitting/planning office will be able to help you determine if you need to coordinate with other State and federal agencies.
Do I need to notify the Department or obtain a Lake or Streambed Alteration Agreement for emergency work?

Please Note: Many of our problems start with “emergency work”. Please contact your local permitting/planning office and the De Luz Community Services District for assistance in determining what work you can do in streambeds and habitat in an emergency. The California Environmental Quality Act (CEQA) defines “Emergency as follows:

“Emergency” means a sudden, unexpected occurence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. “Emergency” includes such occurrences as fire, flood, earthquake, or other soil or geologic movements as well as such occurrences as riot, accident, or sabotage. (Public resources Code Section 21060.3).

Lack of maintenance and lack of planning are not in the definition of "Emergency" above. You
can avoid problems in the rainy season by removing trash, debris from streambeds, and
maintaining and clearing culverts. This work is best done outside of the bird nesting season
from March 15 through September 15 to avoid impacting nesting birds. Be very careful when
using the "Emergency Work" designation, because the Department will have the final word in
determining if the work was an "Emergency". After consulting your local permitting/planning
office and the De Luz Community Services District, please call the Department at
(562) 594-4916, or (909) 484-0459 to obtain the "Emergency Work" notification forms.

Although notification is not required before beginning the emergency work, you must notify the Department in writing within 14 days after beginning the following emergency work:
1. immediate emergency work necessary to protect life or property;
2. immediate emergency repairs to public service facilities necessary to maintain service as a result of a disaster in an area in which the Governor has proclaimed a state of emergency; and
3. emergency projects undertaken, carried out, or approved by a state or local governmental agency to maintain, repair, or restore an existing highway, within the existing right-of-way of the highway, that has been damaged as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, within one year of the damage.
DFG Code Section 1610 (b) states …Any work described in the emergency notification that does not meet the criteria for the emergency work described in subdivision (a) is a violation of this chapter if the entity did not first notify the department in accordance with Section 1602.