Who To Call . . . for Creek Permits

For information on how to care for local creeks including restoration, maintenance, bank stabilization and/or vegetation, first contact your local municipality for suggestions and information regarding local applications and fees. Most individual municipalities require a creek, building, or grading permit for any construction in or near a creek. MCSTOPPP offers free consultations on erosion problems along creeks because healthier creeks help reduce pollution, especially sediment, to the Bay. To arrange a creek consultation with MCSTOPPP staff, call Liz Lewis at 499-7226.

It is always a good idea to try to incorporate native vegetation into your project wherever possible. Permiting agencies favor projects that are trying to protect and enhance the natural environment. See our Creek Care Guide and our Creek Restoration Page for more information.

Plan in Advance!
In addition to local permits, you may need to obtain permission from federal, state, and regional agencies.Obtaining some permits can be a lengthy process and may sometimes take up to a year depending on the complexity of your project.

Depending on the permitting agency, you may be able to save some time by using the new JARPA application to obtain permits for your creek related project. The Bay Area Joint Aquatic Resources Permit Application (JARPA) is for development, construction, grading, erosion repair, dredging, or restoration activities in or near Bay Area aquatic environments. It allows applicants to fill out one application, and submit copies of the same information to participating state, federal, and regional agencies involved in the permitting process. Local permits applications, need to be filled out separately.

PLEASE NOTE: The California Department of Fish and Game (DFG) is now accepting the new JARPA for projects that may fall within DFG 1600 jurisdiction.

Attend a Marin Project Coordination Meeting: Marin County has monthly project coordination meetings to review and guide projects. These meetings are attended by representatives from the regulatory agencies to streamline the permit process. Landowners may present their projects (bring photos, sketches, or conceptual plans) to receive feedback from the regulators. To be added to the agenda, call:

Marla Lafer, San Francisco Regional Water Quality Control Board - (510) 622-2348
Liz Lewis, Marin County Public Works - (415) 499-7226
Terri Fashing, MCSTOPPP - (415) 499-6583

Describe your Project:
This check list specifies the information we typically need to evaluate a project that contains work in and around streams. A permit applicant who uses this check list will increase the likelihood of a speedy permit review and approval, because the staff reviewing the permit will have the information they need to make an intelligent decision on the potential impacts and benefits of a project proposal. For more information, contact MCSTOPPP at (415) 499-6528.

Does your project require California Environmental Quality Act (CEQA) Review?
The main purpose of CEQA review is to identify and prevent significant potential environmental impacts from proposed projects. CEQA review is usually handled by the local municipality's planning department. It is always a good idea to make sure you know the answer to this question before you submit your JARPA application. Check with your local planning department.

Permitting Agencies:

California Department of Fish and Game
P.O. Box 47, Yountville, CA 94599
(707) 944-5500

Fish and Game Code section 1602 requires any person, state or local governmental agency, or public utility to notify DFG before beginning any activity that will substantially modify a river, stream, or lake. To obtain permission from DFG to proceed with your project you need to submit a Lake or Streambed Alteration Notification Form. For permit fees please see the DFG website.

San Francisco Army Corps of Engineers
333 Market Street, Suite 812, San Francisco, CA 94105
(415) 977-8462

Streambank repair work often comes under Nationwide Permit 13: Bank Stabilization, and there will be no charge for the permit, although the ACOE may need advance notification of the work. If your project does not fall under Nationwide Permit 13 requirements, and depending on the details of the repair, the permit fee may be up to $100.

San Francisco Bay Area Regional Water Quality Control Board
1515 Clay Street, Suite 1400, Oakland, CA 94612
(510) 622-2300

The RWQCB issues water quality certifications for all Army Corps of Engineers permits. For permit fees please see the RWQCB permit fee schedule on the website. This agency may require some addional information that is not requested in the JARPA application. Check their website for the most recent requirements.

Other Agencies that may be Involved in the Permitting or Permit Review Process

San Francisco Bay Conservation and Development Commission (BCDC)

National Oceanic and Atmospheric Administration Fisheries (NOAA)
- Formerly Known as National Marine Fisheries Service (NMFS)

US Fish and Wildlife Service

Environmental Protection Agency (EPA)

California Coastal Commission

State Water Resources Control Board

Sacramento Army Corps of Engineers

Disclaimer:
Every attempt has been made to assure that the information contained above is accurate. The Marin County Stormwater Pollution Prevention Program assumes no responsibility and disclaims any liability for any injury or damage resulting from the use or effect of any product or information specified above.

Marin County Stormwater Pollution Prevention Program: P. O. Box 4186 San Rafael, CA 94913-4186 Phone (415) 499-6528, Fax (415) 499-7221, e-mail: mcstoppp@co.marin.ca.us