Agency or authority
What this permitting pathway covers
The Habitat Restoration and Enhancement Act (HREA) provides a faster (30 or 60-day approval) and simpler process with one single approval from CDFW in lieu of getting a separate Section 1600 Lake and Streambed Alteration Agreement (LSAA) and/or California Endangered Species Act (CESA) authorization, for small-scale (not exceeding a maximum project size of 5 acres or a cumulative 500 linear feet), voluntary habitat restoration projects throughout California. Restoration and enhancement projects approved by CDFW, pursuant to HREA, do not require additional permits from CDFW.
- HREA process can be especially helpful for those qualifying projects that would otherwise need both an LSAA and CESA permit from CDFW.
- Projects that receive funding through the Fisheries Restoration Grant Program can also apply to use the HREA.
To qualify, HREA projects must:
- Meet the eligibility requirements for the State Water Board General Order for Small Habitat Restoration Projects, which includes not exceeding a maximum project size of 5 acres or a cumulative 500 linear feet.
- Have the primary purpose of improving fish and wildlife habitat.
- Avoid or minimize any incidental impacts.
Two permitting pathways are defined in Fish & Game Code:
- Section 1652 – This pathway is appropriate for projects that have not received a Notice of Applicability (NOA) under the Water Board General Order for Small Habitat Restoration Projects. A project must meet the eligibility requirements for the General Order for Small Habitat Restoration Projects but is not required to use it for 401 Certification. CDFW has 60 days to determine if a 1652 request is complete and eligible for coverage under the HREA.
- Section 1653 – This pathway is appropriate for projects that have received an NOA under the Water Board General Order for Small Habitat Restoration Projects. CDFW has 30 days to determine if a 1653 request is complete and eligible for coverage under the HREA.
Applicable locations
Statewide - aquatic/riparian areas or areas that could impact Waters of the State
Permit documents
Expires on
1/1/2027
How to apply
Application forms are on CDFW’s HREA webpage. Electronic copies of completed HREA Request Forms (i.e., PDF) may be submitted to CDFW through the EPIMS Document Repository.
It is highly recommended that you contact your CDFW Region for pre-consultation. Pre-consultation is opening a dialogue with CDFW early in the planning process, before an approval request is submitted. Pre-consultation can help avoid incomplete requests or delays in the approval process, and can help with the development of appropriate species protection measures.
May be used with:
- CEQA Categorical Exemption 15333 – Small Habitat Restoration Projects
- Water Board Order for Small Habitat Restoration Projects
- USACE Nationwide Permit 27 – Aquatic Habitat Restoration
- Santa Cruz County Partners in Restoration Permit Coordination Program (PIR)
- USFWS PBO for Projects that May Affect the California Red-legged Frog (Ventura FWO)
- South Coast NMFS Programmatic Biological Opinion (PBO)
- Central Coast NMFS Programmatic Biological Opinion (PBO)
- CDFW Fisheries Restoration Grant Program (FRGP)
Example projects
- Lower Sugar Creek Beaver Dam Analogue Project
- Fish Passage Improvement on Crossing 9, Quiota Creek
- San Geronimo Creek Habitat Enhancement Project
See the full list of projects and their locations on this CDFW webpage.
Activities covered
Projects size must be ≤ 5 acres or 500 cumulative linear feet of stream segment or coastline. Projects must be voluntary projects with the primary purpose of improving fish and wildlife habitat. Projects must avoid or minimize any incidental impacts. HREA is typically used for aquatic habitat restoration projects in creeks, rivers, lakes, ponds, floodplains, wetlands, and other water bodies.
For a full list of projects that have been approved under HREA, see this map: https://wildlife.ca.gov/Conservation/Environmental-Review/HREA/Report
Some of the project activities that HREA has been used for include:
- Fish passage projects including, culvert upgrades, removal of other fish passage barriers, removal of small dams
- Relocation of a fish screen and redesign of an existing diversion structure to improve fish passage
- Large wood augmentation
- Restoration and enhancement off-channel and side-channel habitat
- Beaver dam analogs
- Bioengineered streambank stabilization
- Road rehabilitation
- Construction of ponds for endangered species, construction of infiltration ponds on a floodplain terrace for groundwater storage and summer streamflow
- Invasive plant removal
- Revegetation with native plants
- Removing waste from waterways, such as vehicles, farm equipment, and other debris
- Stream channel improvements, including gravel augmentation to improve spawning habitat, construction of cross vanes to create a more diverse pool structure and improve instream habitat
- Off-channel livestock watering to benefit endangered species by improving grazing management and reducing grazing in riparian habitat
Exclusions
- Projects that do not have the primary purpose of fish and wildlife habitat restoration (e.g., property protection projects)
- Projects greater than 5 acres in size or 500 cumulative linear feet.
- Projects that are not voluntary restoration (i.e. mitigation projects)
- Projects that do not meet the eligibility requirements for the State Water Board General Order for Small Habitat Restoration Projects.
Application Tips and Resources
- CDFW’s HREA webpage
- HREA Questions and Answers from CDFW
- Application Guidance and FAQs by Sustainable Conservation
- HRE Act Training Videos for Applicants by Sustainable Conservation
- 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.
- Communicate with the CDFW Region where the project will be completed in order to discuss project details and ensure the project’s eligibility under the HREA. Pre-consultation is not a requirement, but it is strongly recommended.
- Generally, the cumulative linear foot limit applies just to the direct area of impact (e.g. where shovels/equipment are entering the ground). 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.
- Most applicants choose to go through the 1653 process, where you have already obtained coverage under the Water Board General Order for Small Habitat Restoration Projects. Using this pathway allows you to seek CDFW approval within 30 days using a very brief checklist-style application, including applicable species protection measures.
- Remember to look at the nesting seasons for birds and work windows for riparian animals, in addition to fish, when planning your project. Protection measures and work windows that may be useful for your project application can be found in the USFWS Statewide Restoration Programmatic Biological Opinion (PBO).
- It is also recommended that you apply for the full 5-year term allowed in the HREA, just in case project implementation takes longer than planned.