Stream Alterations Under Section 1603

"The law hasn't changed, but the interpretation has," explained Jim Steele, of California Department of Fish & Game, when asked about the Lake and Streambed Alteration Agreement (1603) process.

Prompted by lawsuits, the Department of Fish & Game (DFG) modified its Lake and Streambed Alteration Program to comply with CEQA, the California Environmental Quality Act. It has been able to do this in a streamlined manner that helps landowners come up with an acceptable agreement before the project enters CEQA review.

How does the process work?

When planning an activity that will require a Lake and Streambed Alteration Agreement, a landowner must submit notification forms to DFG which then evaluates the project (usually with a site visit) and suggests ways to mitigate any potential impacts to fish or wildlife. If the landowner agrees to these suggestions, they are incorporated into the Agreement. At this point the project enters CEQA review and is circulated to other agencies. Through this cooperative process, the project is usually environmentally protective enough get a negative declaration or exemption that will allow the project to go forward.

When is notification required?

According to Section 1603 of the Fish and Game Code, anyone who proposes a project or activity that will "substantially divert or obstruct the natural flow or substantially change the bed, channel, or bank of any river, stream, or lake or use any materials from a streambed" must notify DFG before the project begins.

Notification is generally required for any activity (e.g. timber harvest, road repairs, crossings, water diversions, gravel quarrying) that will take place in the vicinity of a river, stream, lake, or its tributaries. This includes streams that flow at least periodically through a channel that supports fish or other aquatic life or watercourses that support (or have supported) riparian vegetation (including some that don't support aquatic life).

Pre-consultation

Before submitting the notification package and fees, it's good to contact your local DFG office to discuss the proposed project and determine if notification is necessary. You can also find out if there are any concerns regarding the project. If so, they may have some suggestions for ways to reduce impacts to fish or wildlife before you submit your proposal.

Notification package

• If notification is required, submit a package to the regional DFG office with:
• Notification of Lake or Streambed Alteration (Form FG 2023)
• Project Questionnaire (Form FG 2024)
• All necessary attachments including project drawings
• Fees

The next step

When the notification package is complete, DFG evaluates the project (an incomplete package will be returned). If they decide that a Lake or Streambed Alteration Agreement is not necessary, the project may go forward immediately.

However, if there are concerns about possible impacts on fish or wildlife, DFG develops a draft Lake or Streambed Alteration Agreement with proposed protective measures. If the proposals are acceptable, they will be incorporated into the draft which the landowner signs. The project then goes through CEQA review and, when it is signed by DFG, work can begin.

If the landowner does not choose to accept the DFG proposals, a meeting is arranged to try to come up with a mutually agreed upon set of mitigation measures. In the event an agreement cannot be reached, an arbitration panel can be established to resolve the issues.

Additional points

You may need to contact other government agencies before starting work. Depending on the nature and location of your project, you may need to contact city and county planning departments, or other state or federal agencies (e.g. CDF, Coastal Commission, Army Corps of Engineers). If those agencies require CEQA review, it's best to let them be the lead agency so DFG can give you a permit without this delay.

DFG must automatically renew a Lake or Streambed Alteration Agreement when it expires unless there has been a substantial change in conditions. An additional fee is required.

Emergency work (e.g. immediate emergency work to protect life or property) does not require a Lake or Streambed Alteration Agreement. However, DFG must be notified within 14 days of the work.

DFG, in concert with CDF, has developed an alternate process for Timber Harvest Plans (THP). Any stream crossings to be used during a harvest are defined in the THP and a series of additional questions and information about each crossing is included in the THP. Once the THP is approved, then the CEQA requirements are met and the 1603 permit is issued much more quickly.

Resources

More information on the Lake and Streambed Alteration Program (including forms, fees schedules, and regional office locations) are on the web at http://www.dfg.ca.gov/wahcb/1600.html

CEQA Guidelines are available at http://ceres.ca.gov/planning.

The Fish and Game Code is at http://www.leginfo.ca.gov/calaw.html.

All of these documents are also available at any DFG regional office, county law libraries, and at the State Library.