Activities covered

Examples of small habitat restoration projects may include, but are not limited to:

1. Revegetation of disturbed areas with native plant species
2. Wetland restoration, the primary purpose of which is to improve conditions for waterfowl or other species that rely on wetland habitat
3. Stream or river bank re-vegetation, the primary purpose of which is to improve habitat for amphibians or native fish
4. Stream or river bank stabilization with native vegetation or other bioengineering techniques, the primary purpose of which is to reduce or eliminate erosion and sedimentation
5. Culvert replacement conducted in accordance with published guidelines of the California Department of Fish and Wildlife or National Oceanic & Atmospheric Administration Fisheries

Exclusions

The project shall not be a compensatory mitigation project.

This Order authorizes activities whose primary purpose is habitat restoration. The project shall not be for restoration and enhancement conducted as part of a larger project whose primary purpose is not habitat restoration, e.g., land development or flood management.

The project shall not cause a violation of any applicable water quality objectives, including impairment of designated beneficial uses of receiving waters of the state, as adopted in the appropriate Regional Water Board water quality control plan(s).

Application Tips and Resources

A pre-application meeting is highly recommended. See the Water Quality Certification and Wetlands Program Telephone and Address Directory for your local Regional Board contacts.

At least 30 days prior to the proposed discharge, the applicant shall provide the appropriate Regional Water Board a complete Notice of Intent (NOI) indicating the intent to discharge in compliance with the terms and conditions of this Order. In the event that the project is located in more than one region, the NOI shall be sent to the State Water Board and affected Regional Water Boards. 

The NOI must be signed by the applicant or the applicant’s authorized agent (if an agent is submitting the NOI). The NOI must include a statement that the submitted information is complete and accurate. The applicant shall submit an adequate map with project location(s) marked. Pre-project photographs shall also be included with a descriptive title, date taken, photographic site, and photographic orientation. 

The State or Regional Water Board may, at its discretion, issue a Notice of Applicability (NOA) to the applicant, indicating that the project activities are authorized under this Order. If project activities do not qualify for coverage under this Order, a Notice of Exclusion (NOE) may be issued by State or Regional Water Board staff. Project activities not qualified for coverage under this Order may require an application for an individual Water Quality Certification. If State or Regional Water Board does not issue an NOA or NOE to the applicant within 30 days of receipt of the NOI, the applicant may proceed with the discharge. 

Fees

The State Water Board fee schedule for General Orders is located at https://www.waterboards.ca.gov/water_issues/programs/cwa401/#fees 

Project Size Calculator

Consider using the Calculator for Determining Project Disturbance Area for Large Wood Augmentation Projects developed by the Wood for Salmon Working Group, and the accompanying Visual Guidance for Calculating Disturbance Area for Large Wood Augmentation Projects per CEQA Categorical Exemption 15333 and Water Board General 401 Certification for Small Habitat Restoration Projects to determine if your project fits within the size limit. If your project exceeds the size limits of this Order, consider using the Statewide Restoration General Order (SRGO), which is intended to cover projects that do not meet the project size-related eligibility requirements of this Order.

Water Quality Planning Tool

This Water Quality Planning Tool from Caltrans may be helpful for filling out your application. It has a layer showing the Regional Board boundaries and information about watersheds, TMDLs, and beneficial uses.

Protection Measures Selection Tool

General and Species protection measures from programmatic authorizations such as the Water Board Statewide Restoration General Order (SRGO), or programmatic biological opinions (PBOs) with the U.S. Fish and Wildlife Service and the NOAA Restoration Center may be applicable to your project. Consider using this web tool to filter measures based on species and project activities.