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Cannabis Cultivation Permitting

Cultivation site overlooking caypay valley

Cannabis cultivators applying for an Annual License(opens in new tab) from the Department of Cannabis Control must have a Lake and Streambed Alteration (LSA) Agreement or written verification that one is not needed. CDFW requires an LSA Agreement when a project activity may substantially adversely affect fish and wildlife resources. LSA Agreements provide actions to avoid and minimize adverse impacts and provide protections to California’s fish and wildlife resources.

NEW! Licensing Requirements:

Modifications to the Department of Cannabis Control’s (DCC) provisional licensing requirements were signed into law in July 2021. A summary of the changes can be found on DCC’s website (PDF). These changes include obtaining appropriate Lake or Streambed Alteration (LSA) documentation and submitting this documentation to DCC for all cultivation license types. The following LSA documents will fulfill requirements for new cultivation license applications or renewal of existing licenses:

New Applications for Provisional Cultivation Licenses
Until June 30, 2023 		Renewal of Existing Provisional Cultivation Licenses
July 1, 2022 – June 30, 2023 		Renewal of Existing Provisional Cultivation Licenses
July 1, 2023 – December 31, 2024
Applicant must provide DCC one of the following:
  • A final LSA Agreement
  • A draft LSA Agreement signed by the applicant and returned to CDFW
  • Written Verification that an LSA Agreement is not needed Written verification that the applicant has done all of the following:
    • Submitted the notification required in Fish and Game Code § 1602 and applicable fees; and
    • Is responsive to CDFW. An applicant is considered non-responsive if any requested information is not received within 60 days, or the submitted notification has been deemed incomplete a second time.1
 Licensee must provide DCC one of the following:
  • A final LSA Agreement
  • A draft LSA Agreement signed by the applicant and returned to CDFW
  • Written Verification that an LSA Agreement is not needed
  • Written verification that the applicant’s notification is complete
 Licensee must provide DCC one of the following:
  • A final LSA Agreement
  • A draft LSA Agreement signed by the applicant and returned to CDFW
  • Written Verification that an LSA Agreement is not needed

1If an applicant is non-responsive, they must obtain either a signed and returned draft agreement or written verification that an agreement is not needed before DCC can issue the license.

To avoid delays, it is important to provide all required information when first submitting an LSA notification and promptly responding to any incomplete letter requesting additional information. 

LSA Documentation for DCC

If you have a Lake and Streambed Alteration (LSA) Agreement, Operation of Law (OpLaw) letter, Notification Not Required (NNR) letter, No Agreement Needed (NAN) letter, or Self-Certification letter, you need to verify that the documentation is up to date. If your LSA Agreement or OpLaw letter is expired or will expire prior to license renewal, or if your project has changed since receiving an NNR, NAN, or Self-Certification letter, please see the table below for suggested next steps.   

Final LSA Document Current Status Next Steps
LSA Agreement Expired
  • If you need more time to complete some or all of the project activities authorized in the LSA Agreement, you will need to re-notify and obtain a new LSA Agreement to finish the work.
  • If you have completed all project activities authorized in the LSA Agreement, please reach out to your LSA Regional Contact for next steps.
Not expired
  • If you need more time to complete some or all of the project activities authorized in the LSA Agreement, you will need to submit an extension request* prior to the expiration in order to extend the term of the LSA Agreement.
  • If you have completed all project activities authorized in the LSA Agreement, please reach out to your LSA Regional Contact for next steps.
Issued to someone else The person who the LSA Agreement was issued to will need to submit an amendment request** to transfer the LSA Agreement.
Change in project specifics You will need to submit an amendment request** to incorporate any project changes into the LSA agreement.
LSA Agreement with a Water Diversion Expired You will need to re-notify and obtain a new LSA Agreement if you continue to divert water.
Not expired You will need an LSA Agreement if you continue to divert water. Submit an extension request* prior to your LSA Agreement expiration.
OpLaw Letter*** Expired or Not Expired
  • If you need more time to complete some or all of the project activities authorized by your OpLaw Letter, you will need to re-notify and obtain a new LSA Agreement to finish the work. 
  • If your OpLaw Letter authorized a water diversion, you will need to re-notify and receive a new LSA Agreement to continue diverting water.
  • If you have completed all project activities authorized by the OpLaw Letter, please reach out to your LSA Regional Contact for next steps.
Issued to someone else
OpLaw Letters cannot be amended or transferred. You will need to re-notify for the project activities.
NNR, NAN, & Self-Certification Letters No Expiration Once issued, these letters do not expire. If the information provided in the original notification is still accurate, you can continue to use these letters for license renewal purposes. You must re-notify if any changes are made to the project activities described in the original notification. No amendments can be made.

*All extension requests must be submitted prior to the LSA Agreement's expiration. The term of an LSA Agreement may only be extended one time for a maximum of five years. If the LSA Agreement has already been extended once, you must re-notify.

**Type of amendment request (minor or major) is dependent on significance of changes needing to be made. Transfer of an LSA Agreement is a minor amendment.

***A letter indicating CDFW did not provide you with a draft LSA Agreement or inform you that an Agreement is not required within a specified timeframe. As a result, by law, you were able to proceed with the project described in your notification without an Agreement. 

Note: All final documentation provided by CDFW will need to be uploaded to DCC’s licensing portal.

Self-Certification

If you believe your cannabis cultivation project will not substantially modify any river, stream, or lake, you may complete the online self-certification. CDFW will review the information you submit and determine whether you need to submit a notification.

If you do not need to submit a notification, CDFW will provide you with written verification that a Lake or Streambed Alteration (LSA) Agreement is not required.

Please note that if any part of your cultivation is located outdoors, you are ineligible for self-certification.

What information do I need before I begin?

Before beginning self-certification, applicants need the following information:

Property Location

Provide a description of the property location including:

  • Property address, city, and county;
  • Assessor Parcel Number(s); and
  • Geographical coordinates (latitude and longitude).

Project Description

Provide a detailed description of all project activities. Describe in detail the following information: 

  • All phases of construction;
  • Any structures that will be constructed, maintained, operated, or modified in or near any stream, river, or lake;
  • Any channel clearing activities;
  • Specific volume and dimensions of all materials and features that will be used, installed, and/or removed from any stream, river, or lake;
  • If water will be diverted or drafted, specify the point of diversion, purpose, and where it will be used; and
  • Equipment to be used during project activities.

Water Source

Identify all water sources for the cannabis cultivation site(s) and provide supporting documentation for those sources.

  • Provide the latitude and longitude for each diversion, spring, reservoir, or well used for the project.
  • If using a well, include a Well Completion Report or similar information.
  • If using a public water system, provide the most recent copy of water services bill.
  • If using water hauling, provide the name of the water hauler.

Project Maps and Photographs

Provide detailed maps depicting the project and supporting photographs.

  • Include a north arrow and map scale in all maps.
  • Mark the location of the project(s) on the map(s) with reference to the nearest city or town. 
  • Mark the location of any spring or well being used in comparison to the project.
  • Provide driving directions from a major highway or road.
  • Include any photographs or other material that may assist CDFW in determining impacts to a river, stream, or lake.

Tips for Creating a Quality Map (PDF)

How long is the process?

FASTEST: CDFW evaluates the self-certification and determines if your project qualifies for written verification an LSA Agreement is not necessary (commonly referred to as a waiver).

How much does it cost?

There is no fee for self-certification.

How do I begin?

Applicants must Register online prior to starting the self-certification process.

Standard Agreement

Cannabis cultivation projects that are not eligible for the General Agreement may apply for a Standard Lake or Streambed (LSA) Agreement. Standard Agreements may be short term or long term. A Standard Agreement is specific and unique for each project. They include measures to protect fish and wildlife resources.

What information do I need before I begin?

The LSA Instructions and Process (PDF) includes detailed information requirements.

Property Location

Applicants will provide location information:

  • Property address, city, and county;
  • Name of the river, stream, or lake, as well as tributary near project;
  • Assessor Parcel Number(s); and
  • Latitude and longitude.

Project Description

Provide a detailed description of all project activities: 

  • Seasonal work period and number of work days expected to complete the project activities;
  • A detailed step-by-step description of all construction activities;
  • Any structures that will be constructed, maintained, operated, or modified in or near any stream, river, or lake;
  • Any channel clearing activities;
  • Specific volume and dimensions of all materials and features that will be used, installed, and/or removed from any stream, river, or lake;
  • If water will be diverted or drafted, specify the point of diversion, purpose, and place of use; and
  • Equipment used for construction.

Water Source

Identify and provide latitude and longitude for all water associated with cannabis cultivation.

  • If using a well, Well Completion Report or similar information.
  • If using a public water system, provide a copy of the most recent water services bill.
  • If using water hauling, provide the name of the water hauler.

Project Impacts

Describe any foreseeable impacts (permanent or temporary) that the project may cause. Include potential impacts on:

  • The flow, bed, channel, and bank of the river, stream, or lake;
  • Vegetation (specify the type and amount of vegetation); and
  • Special status species.

Measures to Protect Fish, Wildlife, and Plant Resources

Describe all resource protection measures, such as:

  • Erosion control;
  • Measures to avoid or minimize impacts to fish, wildlife, and plant resources; and
  • Mitigation or compensation measures.

Project Maps and Photographs

  • Provide detailed maps.
  • Include a north arrow and map scale in all maps.
  • Mark the location of the project on the map(s) with reference to the nearest city or town.
  • Mark the location of any spring or well being used in comparison to the project.
  • Provide driving directions from a major highway or road
  • Include any photographs or other material that may assist CDFW in determining impacts to a river, stream, or lake

Tips for Creating a Quality Map (PDF)

Additional Information

Depending on the project type, you may need additional information:

  • Biological Review;
  • Hydrological Review;
  • Any permits received by local, state, or federal agencies related to the project; and
  • Information regarding water diversions, including wells.

How long is the process?

TAKES A LITTLE TIME: If you are requesting a short-term Standard Agreement (5 years or less), CDFW has up to 30 calendar days to determine if the notification is complete. Once CDFW determines the notification is complete, CDFW has up to 60 calendar days to issue a draft Standard Agreement or a letter stating an agreement is not needed. These timelines do not apply to long-term Standard Agreement requests (greater than 5 years).

CDFW works with individuals to develop a site- and project- specific Standard Agreement. CDFW may need to conduct a site visit.

CDFW must comply with the California Environmental Quality Act (CEQA) before issuing a Standard Agreement.

Avoid Delays: Submit a complete notification with all of the requested information and a detailed project description. CDFW will ask for additional information if the notification is incomplete. Learn more about the 10 common causes for delays (PDF).

Learn more about Standard Agreements.

How much does it cost?

The fee is based on the project cost and term of the agreement requested (short-term or long-term). Fees are updated yearly (PDF).

For more information on how to calculate the correct fee, see the LSA Fee Schedule (PDF).

If the Agreement includes remediation for a cannabis cultivation site, the applicant must submit the remediation fee below. The fee is in addition to the Standard Agreement fees.

How do I begin?

To apply for a short-term Standard Agreement, you may notify CDFW of your project using the online process.

General Agreement

Some cannabis cultivation projects may meet the criteria for a General Agreement. If your project qualifies, the General Agreement provides a streamlined online application process.

The General Agreement is exempt from the California Environmental Quality Act (CEQA).

The General Agreement is short-term. It expires 5 years after the effective date. Amendments and Extensions do not apply to the General Agreement notification.

Read the General Agreement (PDF).

What projects qualify for the General Agreement?

Your project must meet specific requirements to qualify for the General Agreement.

  • The project needs to involve a stream crossing or water diversion specific to cannabis cultivation.
  • The project must meet the administrative measures, measures to protect fish and wildlife, and reporting requirements highlighted in the General Agreement, sections h-k.
  • The project cannot be on or in a finfish bearing stream or lake.
  • The project cannot result in take of a listed or fully protected species.
  • The project cannot be the subject of a complaint by a city attorney, District Attorney, the Attorney General, or an order by a court.

If your project meets these criteria, read the General Agreement (PDF) for additional Design Criteria by project type, and for information on measures and requirements.

If your project is not eligible for the General Agreement, you may apply for a Standard Lake or Streambed (LSA) Agreement.

What information do I need before I begin?

To apply for the General Agreement, you will need to provide the following information and certify that you are in possession of the Biological Resources Assessment, Property Diagram, and, where applicable, the Design Plan.

How much does it cost?

Fees are due at the time you submit your online notification. Project costs determine the fees.

Learn more about how to calculate the correct fee (PDF). The fee for the General Agreement is the same as the fee for a Standard Agreement with a term of five years or less.

If the General Agreement includes remediation for a cannabis cultivation site, the applicant must submit the remediation fee. The fee is in addition to the General Agreement fees.

How long is the process?

FAST - The General Agreement process is streamlined. Once CDFW determines that a General Agreement is appropriate for your project, CDFW will authorize your project under the General Agreement.

How do I begin?

To apply for the General Agreement, you must notify CDFW of your project online. Register online to begin your application.

For project and site specific questions, contact the CDFW Region (PDF) where the project is located.

Other LSA Agreement Types

Some cannabis cultivation projects may qualify for a less common LSA agreement type.

California Endangered Species Act (CESA) Permits

If cannabis cultivation activities may result in the take of a threatened, endangered, or candidate species, a separate California Endangered Species Act (CESA) permit may be required.

California Environmental Quality Act (CEQA)

The California Environmental Quality Act (CEQA) applies to all discretionary projects to be conducted or approved by a California public agency, including LSA Agreements. Before issuing an LSA Agreement, CDFW must comply with CEQA. However, CEQA does not apply to the General Agreement.

Other Fish & Wildlife Laws

You and any person acting on your behalf are responsible for complying with all applicable local, state, and federal laws that apply to each Authorized Activity. This includes, but is not limited to, the following sections of Fish and Game Code:

  • Rare native plants (section 1908)
  • Fully protected species (sections 3511, 4700, 5050, and 5515)
  • Migratory nongame birds (section 3513)
  • Bird nests and eggs (section 3503)
  • Birds of prey (section 3503.5)
  • Water pollution (section 5650)
  • Refuse disposal into water (section 5652)
  • Fish passage (section 5901)
  • Sufficient water for fish (section 5937)
  • Obstruction of a stream (section 5948)
  • For projects on private timberlands, requirements set forth in the Forest Practice Act (Pub. Resources Code, § 4511 et seq.)

Watch: Online Commercial Cannabis Permitting Workshop, July 22, 2020

CDFW, Department of Cannabis Control (formerly CalCannabis) and State Water Resources Control Board (State Water Board) hosted an online commercial cannabis cultivation permitting workshop July 22, 2020. View Webcast (Video)

 

Environmental Permit Information Management System (EPIMS)

As a part of a broader effort by the California Natural Resources Agency and CDFW to go paperless, CDFW has transitioned to electronic applications. To receive appropriate documentation for the Department of Cannabis Control licensing requirements, you will need to first submit one of CDFW's cannabis-related applications (Self-Certification, Standard Agreement, or General Agreement) through our Environmental Permit Information Management System (EPIMS).

On EPIMS, applicants can:

  • Access anywhere internet is available
  • Submit supplemental documentation such as plans, maps, photos and studies
  • Calculate permit fees
  • Obtain electronic signatures
  • Receive email alerts and reminders
  • Track application progress

EPIMS - Online Permitting Portal

Need EPIMS Help? Call 1 (833) 303-7467

EPIMS Questions? EPIMSHELP@wildlife.ca.gov
Project Specific Questions? CDFW Regional Office (PDF)
Cannabis Questions? AskCannabis@wildlife.ca.gov
LSA Questions? LSA@wildlife.ca.gov

Paper notifications received after September 1, 2020 may be returned to the applicant.

Other permits and environmental review may be necessary: California Endangered Species Act (CESA) for projects that may impact listed species; California Environmental Quality Act (CEQA) public disclosure process for projects with environmental impacts.

Related Information

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