Emergency Permitting for Discharges of Dredged or Fill Material


California is facing increased threats from climate change, including drought, wildfire, floods, and landslides. This webpage is intended to provide information regarding the permitting process for emergency projects that involve discharges of dredged or fill material to waters of the state. Examples of emergency projects that may include discharge dredged or fill material to waters of the state are: bank stabilization; restoration of damaged areas; temporary fills for staging, access, and dewatering; and repair, replacement or rehabilitation of existing structures or fills. The State Water Board has issued general permits that allow for expedited regulatory coverage for emergency projects to ensure that they proceed without delay to protect public health and safety and the environment.

If your emergency project discharges dredged or fill material to waters of the state, you are required to apply for a Water Quality Certification and/or Waste Discharge Requirements (Dredge/Fill Projects).

The General Orders listed below are available for enrollment for qualifying emergency projects. To determine which order your project may be eligible for, you first need to determine whether you need to obtain a permit from the U.S. Army Corps of Engineers and if so, which one.  Use the USACP International Boundry Map to determine the Army Corps Regulatory Districts.

Use the following steps to obtain Water Boards regulatory coverage for your emergency dredge or fill project:

Step 1: Notify the State Water Board and/or the applicable Regional Water Board of the project.  Notification requirements differ depending on the General Order, but all require notification to the Regional Water Board at a minimum. The required notification is provided below.  The first four permits listed require notification 48 hours in advance of initiation of the project and, if such notice is not possible, within one business day following the initiation of the activity.  Notification may be via telephone, email, written notice, or other verifiable means.

If you are unsure how to appropriately notify the Water Boards of your proposed project,  or are unsure which permit to use,  please contact State Water Board staff at AskDredge@waterboards.ca.gov or consult the 401 Water Quality Certification and Wetlands Program Staff Directory to locate contact information for Regional Water Board permitting staff.

Step 2: Fill out the Notice of Intent Form for the General Order you intend to enroll under and submit it to the appropriate   Regional Water Board where the discharge occurs.  For projects that discharge into more than one Regional Water Board, send the Notice of Intent to the State Water Board.  Information on how to submit your application can be found in the “Notification Requirements” section of the General Order.

Step 3: Submit your permit fees to the State Water Board or appropriate Regional Water Board. Information about fees can be found on our Water Quality Certification webpage.

Permits for projects that also require an Army Corps Emergency Regional General Permit (RGP)

The three permits listed below require notification 48 hours in advance of initiation of the project and, if such notice is not possible, within one business day following the initiation of the activity.  Initial notification may be via telephone, email, written notice, or other verifiable means.

Applicant Date Issued Subject
U.S. Army Corps of Engineers, San Francisco District 08/30/2019

Regional General Permit (RGP) 5 for Emergency Repair and Protection Activities

U.S. Army Corps of Engineers, Sacramento District 8/1/2023

RGP 8 for Emergency Repair and Protection Activities

U.S. Army Corps of Engineers Los Angeles District 10/18/2023 RGP 63 for Emergency Repair and Protection Activities

Permit for projects that do not require an Army Corps Emergency Permit

The permit listed below requires notification 48 hours in advance of initiation of the project and, if such notice is not possible, within one business day following the initiation of the activity. Initial notification may be via telephone, email, written notice, or other verifiable means.

Other Available Permits

The following permits are also available for emergency activities but require a longer notification period (45 days prior to activity). These permits are available for projects that require enrollment under the Army Corps RGP 10 Permit (Wildfire Mitigation) or Nationwide Permit 3(a) (Maintenance).

Applicant Date Issued Subject
U.S. Army Corps of Engineers, Statewide 7/7/2023

Wildfire Mitigation RGP 10

U.S. Army Corps of Engineers - Nationwide Permit 3a for repair and maintenance, Statewide 10/12/2021

State Certification of the Nationwide Permits

Water Board General Order for the Corps’ Nationwide Permits (Order No. WQ 2021-0048-DWQ)

NWP projects must meet specific size thresholds and other CEQA or locational requirements to enroll under this General Order (No. WQ 2021-0048-DWQ). Below is a non-exclusive list of such thresholds. If your project does not qualify for enrollment under this General Order, submit an individual application to the appropriate Water Board.

  • Projects must be exempt from CEQA.
  • Projects impacting histosols, fens, bogs, peatlands, in wetlands contiguous with fens and vernal pools are prohibited.
  • NWPs 3(a) and 14 only: Construction, replacement, or expansion of facilities in any ocean, bay, tidal waters or shores thereof are prohibited.
  • NWP 3(a) and 14 include the following size thresholds for all impacts to waters of the state:
    • Permanent Impact Acreage: no more than one hundredth (0.01) of an acre.
    • Total Impact Acreage: no more than two tenths (0.2) of an acre of total impacts.
    • Permanent Impact Length: no more than 100 linear feet.
    • Total Impact Length: no more than 300 linear feet of total impacts.

Important Note: Only the project types listed below may be eligible for enrollment under this General Order [No. WQ 2021-0048-DWQ]. Applicants seeking enrollment for projects under a Nationwide Permit not listed below or for projects not eligible for coverage under any of the Water Board's General Orders should submit an individual application to the appropriate Water Board. Visit the State Water Board's 401 Water Quality Certification and Waste Discharge Requirements webpage for individual application instructions.:

  • NWP 1 aids to navigation
  • NWP 3a maintenance
  • NWP 4 fish and wildlife harvesting
  • NWP 5 scientific measuring devices
  • NWP 6 survey activities
  • NWP 9 structures in fleeting and anchorage areas
  • NWP 10 mooring buoys
  • NWP 11 temporary recreational structures
  • NWP 14 linear transportation
  • NWP 20 response operations for oil or hazardous substances
  • NWP 22 removal of vessels
  • NWP 28 modification of existing marinas
  • NWP 32 completed enforcement actions
  • NWP 36 boat ramps
  • NWP 54 living shorelines

Nationwide Permits - other resources: