The new RMP created via passage of the Restoration Management Permit Act (see Fish and Game Code sections 1670-1678) is a permit that can consolidate up to five existing CDFW authorizations in a single permit designed for beneficial management and restoration activities: 1) take of CESA threatened, endangered, or candidate species; 2) take of Fully Protected Species; 3) take of plant species designated as rare pursuant to the Native Plant Protection Act; 4) take of other protected species including mammals, birds, fish, amphibians, or reptiles; and 5) authorization of impacts to rivers, lakes, and streams that would otherwise be subject to a Lake or Streambed Alteration Agreement.
CDFW will be piloting the new RMP beginning in January 2025. Please contact Cutting the Green Tape staff to discuss your project.
To qualify for the RMP, a restoration project must meet eligibility criteria set forth in Fish and Game Code section 1671. A “Qualifying restoration project” means a management or propagation project with the primary purpose of restoration. A qualifying restoration project must also result in a substantial net benefit to native fish, wildlife, plants, and/or their habitats, as determined by the Department. A qualifying restoration project may also have secondary or incidental benefits, such as flood risk reduction, recreation, or groundwater recharge (see also Fish & G. Code1671(d)). CDFW may not issue an RMP for the design, construction, operation, mitigation, or maintenance of isolated Delta conveyance facilities.
The RMP can cover activities associated with qualifying restoration projects, including implementation, ongoing management, maintenance, repair, and effectiveness monitoring. This may also include post-project resource assessment work typically included in grant agreements.
The RMP cannot authorize activities for non-qualifying projects, including projects with a primary purpose of development, resource extraction, science, research, or educational activities. These activities will continue to be covered by other CDFW authorizations. Projects that do not result in a substantial net benefit above baseline conditions will not qualify for the RMP. CDFW may not issue an RMP for the design, construction, operation, mitigation, or maintenance of isolated Delta conveyance facilities.
To qualify for the RMP, mitigation or other non-voluntary projects must meet all eligibility criteria in Fish and Game Code section 1671, including demonstrating that the project achieves a substantial net benefit above baseline conditions. The definition of “baseline conditions” in Fish and Game Code section 1671(a) includes the following language: “Fish, wildlife, plant, or habitat restoration activities required to satisfy avoidance, minimization, or mitigation requirements, or any combination of those requirements, for regulatory permits or approvals, regulatory enforcement actions or settlements, court orders, or other enforceable legal obligations shall be considered part of the baseline conditions, and those activities shall not count toward a substantial net benefit.” Thus, if a mitigation project includes voluntary actions that would result in a substantial net benefit exceeding existing mitigation obligations, the mitigation project may qualify for an RMP.
No, designing and implementing larger restoration projects is encouraged to help increase the pace and scale of restoration in California, recover species, preserve biodiversity, and increase climate resiliency.
Possibly. CDFW may issue RMPs for multi-project restoration programs, such as a regional watershed restoration program. CDFW will work with project proponents to determine the most desirable permitting approach, with the goal of maximizing efficiency and beneficial restoration outcomes whenever possible.
The RMP is currently free.
While there is no statutory timeline for issuance of RMPs, CDFW strives to issue RMPs within 120 days of receiving a complete application. This timeline may be adjusted during the initial RMP pilot period. CDFW constantly looks for new ways to reduce permit processing times and create efficiencies benefitting both CDFW staff and the habitat restoration community.
The RMP is a discretionary permit for projects that assist with recovery by achieving a substantial net biological benefit over baseline conditions. This benefit can be achieved in multiple ways, most commonly via projects that result a net increase in target species populations or by a net increase in the quantity or quality of habitat, as determined by CDFW. RMPs are approved by CDFW’s regional managers.
Each RMP will require appropriate species protection, management, monitoring, and reporting measures in line with the context of the qualifying restoration project. In most cases, RMPs are not expected to include compensatory mitigation measures commonly seen in CDFW permits for development projects. Rather, most RMPs are expected to include avoidance and minimization measures to reduce short-term impacts.
The RMP will greatly improve restoration permitting processes by allowing a single CDFW staff person to draft a single permit for a qualifying restoration project. RMPs may include up to five types of CDFW authorization for a project: a “one project, one permit” approach. CDFW would only need to review a single application rather than up to five separate applications. CDFW permit processing, including RMP drafting, internal review, and approval will be conducted as a single process and will reduce redundancy and help minimize conflicting permit conditions. For example, RMP conditions created to protect an aquatic Covered Species will in many cases also protect aquatic habitats including rivers, lakes, or streams, avoiding the need for redundant permit conditions. This consolidated permitting approach will lead to increased consistency, efficiency, and time savings for both CDFW and project proponents, accelerating the pace and scale of restoration in California while maintaining strong species and habitat protection.
The RMP is a discretionary action pursuant to CEQA and CDFW must comply with CEQA when issuing an RMP. For example, CDFW may rely upon the Statutory Exemption for Restoration Projects, a Categorical Exemption, or a programmatic or project-level CEQA environmental document.