Notice Concerning Emergency Actions in Streams, Lakes, and Rivers
Advance notification is not required for emergency work in streams, lakes, and rivers carried out pursuant to Fish and Game Code section 1610. Typical emergency projects have been immediate actions during or immediately after an emergency to repair, in kind, a structure or facility, or to remove debris. Individuals must notify CDFW in writing within 14 days after beginning the emergency work. Read More
With the possibility of an El Niño year and related precipitation hazards, CDFW encourages entities to prepare for another wet winter, which may be complicated by remnant impacts from last years’ exceptional storms. Preparing for future events may include work in or near rivers and streams that require you to notify CDFW under Fish and Game Code section 1602 and if required, to obtain a lake or streambed alteration agreement from CDFW before beginning the work. If so, one of the most important steps you can take right now is to contact CDFW to begin discussions on this work. A map of the CDFW regional offices, with links to contact information, is available at the CDFW Regions page.
Most importantly, the purpose of this communication is to outline how to approach emergency work. Advance notification is not required for emergency work identified under Fish and Game Code section 16101. Typical emergency projects have been immediate actions during or immediately after an emergency to repair, in kind, a structure or facility within the entity's right-of-way. Emergency actions have occurred in advance of an actual damaging event. In some instances, emergency actions can raise the need for remediation afterwards to restore conditions for fish, wildlife, and plant resources.
Entities must notify CDFW in writing within 14 days after beginning the emergency work. Although advance notification is not required for emergency work, consultation before beginning the work can enable CDFW staff to identify ways to minimize impacts to resources and minimize the need for any remedial actions, while ensuring your emergency needs are met. Notification is simply the mechanism to inform CDFW so that we can be ready and able to assist you in your efforts.
Also note that while emergency work is exempt from the notification requirement in Fish and Game Code section 1602, the entity responsible for completing the emergency work must comply with other applicable local, state, and federal laws, including other provisions in the Fish and Game Code, such as section 5650 (prohibiting the discharge or release of deleterious substances or materials) and section 5901 (prohibiting the construction or maintenance of any device or contrivance that prevents or impedes fish passage).
CDFW appreciates your cooperation in conserving California's fish, wildlife, and plant resources. We thank you for all that you are doing to protect public health and safety and property while fighting these atmospheric extreme weather events.
1See Fish & G. Code, § 1610. “Emergency” means “a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate the loss of, or damage to, life, health, property, or essential public services. ‘Emergency’ includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage.” (Fish & G. Code, § 1601, subd. (c); Pub. Resources Code, § 21060.3.)