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What the Passage of AB-2045 Means for HREA

With the passage of AB-2045, Habitat Restoration and Enhancement Act in 2026, the following changes will take effect on January 1, 2027:

  • Program extended until a “sunset date” of January 1, 2032. (This is a five-year extension.)
  • Coverage for Fully Protected Species is now explicitly included in the Program.
  • Information that is typically submitted when requesting an HREA approval, is now formally required to be submitted, including: 
    • If any biological surveys have been conducted for the project, the results of those surveys. (Note this does not require biological surveys to be conducted. Survey(s) only need to be submitted if they are available.)
    • If the project may result in the take of species protected by state law, a list of those species that may be taken, the type of take, and the mechanisms of take. 
    • If the project includes a design plan prepared by a professional engineer, a design plan that is at least 65 percent complete. (Note this does not require biological surveys to be conducted. Survey(s) only need to be submitted if they are available.)
  • Formalizing the practice of HREA approvals being done by CDFW staff (i.e., the Department) rather than by the Director. 
  • Fees continue to follow the LSAA fee schedule until CDFW develops a separate fee schedule for HREA projects. (Since CDFW’s 2025 Report to the Legislature on the HREA Program explains that they are not recovering the costs of operating the Program, the Legislature added a requirement that CDFW develop a new fee schedule for HREA projects within 3 years, by Jan 1, 2030. The application fee cannot exceed the reasonable administrative and implementation costs of the department related to the project. It is anticipated that the development of a fee schedule would allow for public input.) 
  • Non-substantive changes that make the Fish and Game Code easier to read and interpret (e.g., two separate requirements that were previously included in one paragraph now each have their own paragraph) 
  • CDFW must submit another Report to the Legislature on the Program no later than December 31, 2029. (This is approximately two years before the sunset date, rather than the previously required one year before the sunset date.) 

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:

Applicable locations

Statewide - aquatic/riparian areas or areas that could impact Waters of the State

Permit documents

Expires on

1/1/2032

How to apply

To determine project eligibility and avoid delays, CDFW highly recommends pre-consultation with Regional staff prior to submitting an HREA request. Pre-consultation is opening a dialogue with CDFW early in the planning process, before an approval request is submitted.

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.

Completed paper HREA Request Forms must be mailed to the local CDFW Regional Office.

Submit one hardcopy of the appropriate form, fee, and all attachments.

CDFW is not required to determine whether the request is complete or otherwise begin processing the request until CDFW has received the correct HREA fee. If the HREA fee was paid through Online License Sales and Service, include a copy of the sales receipt.

May be used with:

Example projects

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