Restoration Management Permit (RMP)

The RMP provides a unified, efficient CDFW permitting mechanism for restoration, enhancement, and species recovery projects that simplifies the permitting process while maintaining strong species and habitat protection measures. The RMP provides up to five separate CDFW authorizations in a single permit designed for beneficial management, recovery, 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” under the Native Plant Protection Act; 4) take of other species including mammals, birds, fish, amphibians, or reptiles; and 5) authorization of impacts to rivers, streams, and lakes that would otherwise be subject to a Lake or Streambed Alteration Agreement.

RMPs are now available, subject to CDFW regional capacity, to qualifying restoration projects during our 2025 RMP pilot period. Currently there is no application fee.

For more information, check out the Restoration Management Permit Frequently Asked Questions.

The Restoration Management Permit and 30x30

The RMP is an important tool for advancing California’s 30x30 commitment: conserving and restoring biodiversity, expanding access to nature, and building resilience to climate change, part of a global effort to increase biodiversity conservation including stewardship and restoration of durably protected lands, as explained by the California State Legislature:

• It is the goal of the state to conserve at least 30 percent of California’s lands and coastal waters by 2030, which is defined as the 30x30 goal.
• In the Pathways to 30x30 Report issued by the Natural Resources Agency on April 22, 2022, which is referenced in Sections 71450 and 71451 of the Public Resources Code, a “30x30 Conservation Area” is defined as “land and coastal water areas that are durably protected and managed to sustain functional ecosystems, both intact and restored, and the diversity of life that they support.”
• Consistent with the 30x30 goal and Pathway 6 in the Pathways to 30x30 Report, increasing the pace and scale of habitat restoration and related nature-based solutions are essential components of responding to and mitigating the impacts of climate change, species decline, and loss of biodiversity. The state can generate additional ecological, economic, and social benefits by offering efficient permitting processes to accelerate implementation of climate resilient, nature-based environmentally beneficial projects that contribute to recovery of the state’s biodiversity.
• Aligning CDFW’s permit requirements for restoration projects with existing efficient permitting mechanisms developed by local, state, and federal agencies can accelerate restoration projects and save government grant funds and staff resources.
• Requiring multiple, separate permits from CDFW for a restoration project can increase costs for restoration project proponents, increase CDFW’s permitting workload, and delay beneficial restoration and recovery outcomes. It is the intent of the Legislature to create a unified, efficient CDFW permitting mechanism for restoration, enhancement, and species recovery projects that simplifies the permitting process for these projects while maintaining existing species and habitat protection requirements.

CHAPTER  6.7. Restoration Management Permit Act

1670.

 This chapter shall be known as, and may be cited as, the Restoration Management Permit Act.

1671.

 As used in this chapter:

(a) “Baseline conditions” means existing native fish, wildlife, or plant population sizes, and the extent and quality of native fish, wildlife, or plant habitat in the area that would be affected by a qualifying restoration project. 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.

(b) “Management” means an activity, such as restoration of native fish, wildlife, plants, or their habitat and propagation, that will benefit, aid the conservation of, and assist in the recovery of a native fish, wildlife, or plant species.

(c) “Propagation” means activities that help sustain or increase native fish, wildlife, or plant populations for scientific, conservation, management, or educational purposes.

(d) (1) “Qualifying restoration project” means a management or propagation project that has the primary purpose of restoring native fish, wildlife, plants, or their habitat and that would result in a substantial net benefit to any one or more of the following, as determined by the department:

(A) Native fish.

(B) Native wildlife.

(C) Native plants.

(D) The habitat of native fish, native wildlife, or native plants.

(2) A qualifying restoration project may also have secondary or incidental benefits, including, but not limited to, flood risk reduction, recreation, or groundwater recharge.

(e) “Substantial net benefit” means a substantial, cumulative benefit to native fish, wildlife, plants, or their habitat, or any combination thereof, above baseline conditions that the department reasonably expects to result from a qualifying restoration project. In determining whether the department reasonably expects a qualifying restoration project to result in a substantial net benefit, the department shall consider the duration of the qualifying restoration project, all impacts on native fish, wildlife, plants, or their habitat, or any combination thereof, from the qualifying restoration project, and any other information the department determines to be relevant. A substantial net benefit shall assist either directly or indirectly in the recovery of native fish, wildlife, plants, or their habitat, or any combination thereof.

1672.

 (a) The department may issue a restoration management permit to authorize take, possession, import, or export of any species or subspecies of fish, wildlife, or plant in association with a qualifying restoration project and to authorize any impacts to fish and wildlife resources as a result of activities otherwise subject to Section 1602, all pursuant to terms and conditions determined by the department.

(b) The department may authorize the take, possession, import, or export of any endangered species, threatened species, or candidate species designated pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 for management or propagation purposes, including scientific or educational purposes related to management or propagation, through a restoration management permit for a qualifying restoration project.

(c) The department may authorize the take, possession, import, or export of any fully protected bird, mammal, reptile, amphibian, or fish designated pursuant to Section 3511, 4700, 5050, or 5515 for management or propagation purposes, including scientific or educational purposes related to management or propagation, through a restoration management permit for a qualifying restoration project. The take, possession, import, or export of any fully protected bird, mammal, reptile, amphibian, or fish that is authorized through a restoration management permit for a qualifying restoration project shall not be subject to Section 3511, 4700, 5050, or 5515.

(d) The department may authorize the take, possession, import, or export of any plant species designated as rare pursuant to Chapter 10 (commencing with Section 1900) of Division 2 for management or propagation purposes, including scientific or educational purposes related to management or propagation, through a restoration management permit for a qualifying restoration project.

(e) The department may authorize the take, possession, import, or export of any fish, amphibian, reptile, mammal, bird, or the nests or eggs thereof, or any other form of plant or animal life not subject to subdivisions (b) through (d), inclusive, for management or propagation purposes, including scientific or educational purposes related to management or propagation, through a restoration management permit for a qualifying restoration project.

(f) If a qualifying restoration project includes the substantial diversion or obstruction of the natural flow of, or substantial change or use of any material from the bed, channel, or bank of, any river, stream, or lake and the department determines the activity may substantially adversely affect an existing fish or wildlife resource, the department may authorize those activities through a restoration management permit. The department shall include reasonable measures necessary to protect that resource in the restoration management permit for the qualifying restoration project.

1673.

 (a) The department may develop a permit application for restoration management permits. When applying for a restoration management permit, an applicant may propose protective measures contained within existing local, state, or federal agency authorizations for the applicant’s project or related documents to assist the department with developing restoration management permits that maximize consistency with other agency authorizations to the extent practicable.

(b) An application for a restoration management permit shall include all of the following:

(1) The appropriate application fee, if any, not to exceed the department’s reasonable costs, as determined by the department.

(2) The full name, mailing address, email address, and telephone number of the applicant. If the applicant is a corporation, firm, partnership, association, institution, or public or private agency, the name and address of the applicant, in addition to the name and address of the person responsible for the project.

(3) The project name and location, including latitude and longitude centroid in decimal degrees, and a project map.

(4) The estimated or desired project start and end dates.

(5) A detailed description of the project activities and desired outcomes, including, but not limited to, restoration plans and drawings.

(6) A detailed description of the area where the project will be carried out, including the project size, habitat types, and biological setting.

(7) A description of the department authorization or authorizations described in Section 1672 that the applicant is seeking for the project.

(8) A detailed description of baseline conditions for all areas that may be affected by the project.

(9) A detailed description of how the project satisfies the definition of qualifying restoration project set forth in Section 1671, including a detailed description of the expected benefit to native fish, wildlife, plants, or their habitat, or any combination thereof, above baseline conditions.

(10) If the applicant is seeking one or more take authorizations pursuant to Section 1672, the applicant shall provide all of the following:

(A) A list of species for which the applicant is seeking one or more take authorizations.

(B) A detailed description of the types of species take, including pursue, catch, capture, or kill, and the mechanisms by which species take would occur.

(C) An estimate of the number of individuals that would be taken, based on population numbers, or a proxy estimate based on the amount of suitable habitat, for each species for which the applicant is seeking one or more take authorizations.

(D) Species protection measures proposed by the applicant to minimize the impacts of the potential take, including any measures required or expected to be required in other approvals or permits.

(11) If the applicant is seeking an authorization pursuant to Section 1672 for activities that would otherwise be subject to Section 1602, the applicant shall provide all of the following:

(A) A detailed description of anticipated temporary and permanent impacts to any affected river, stream, or lake.

(B) Proposed feasible measures to protect any river, stream, or lake and to minimize project impacts, including any measures required or expected to be required in other approvals or permits.

(12) A copy of any other federal, state, or local permit or agreement already issued for the project.

(13) Copies of any final documents prepared for the project pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code, including, but not limited to, environmental impact reports, mitigated negative declarations, negative declarations, notices of determination, and notices of exemption.

(14) Any other information the department determines to be necessary.

1674.

 (a) The Restoration Management Permit Program Fund is hereby established in the State Treasury.

(b) The department may establish a schedule of fees to be charged for all or a portion of the department’s costs relating to the administration of restoration management permits, not to exceed the department’s reasonable costs.

(c) Fees received pursuant to this section shall be deposited in the Restoration Management Permit Program Fund.

1675.

 (a) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall apply to the development, adoption, or amendment of any rules, instructions, or criteria pursuant to this chapter, but not to the development, adoption, or amendment of permit applications or guidance materials. All rules, instructions, criteria, permit applications, and guidance materials shall be posted on the department’s internet website.

(b) The department shall require appropriate species protection, management, monitoring, and reporting measures in each restoration management permit issued by the department.

1676.

 (a) The department shall post on its internet website a list and description of every qualifying restoration project permitted by the department pursuant to this chapter. The description shall note the county or counties and the watershed or watersheds in which each project is located.

(b) On or before January 1, 2034, the department shall submit a report to the Legislature that evaluates the impacts and outcomes of this chapter on the pace and scale of restoration projects. The report shall be submitted in compliance with Section 9795 of the Government Code and shall include all of the following:

(1) A list and description of every qualifying restoration project permitted by the department pursuant to this chapter. The description shall note the county or counties and the watershed or watersheds in which each project is located.

(2) The number of days to process each permit, including a discussion of the reasons for any permitting delays.

(3) Identification of any qualifying restoration projects permitted by the department that also qualified for an exemption from the California Environmental Quality Act pursuant to Section 21080.56 of the Public Resources Code.

(4) An analysis of the impacts and outcomes of this chapter, including whether the implementation of this chapter helped to reduce permit processing times for restoration projects.

(5) Recommendations to improve the program.

1677.

 The department shall not issue a restoration management permit for the design, construction, operation, mitigation, or maintenance of isolated Delta conveyance facilities.

1678.

 This chapter shall remain in effect only until January 1, 2035, and as of that date is repealed.

CDFW will be starting an RMP pilot for qualifying restoration projects beginning in January 2025. If you are interested in discussing a potential RMP for your restoration project, please contact the regional CGT staff person or restorationpermitting@wildlife.ca.gov.