Protected Water Resources
Streams, lakes, and wetlands provide water, fisheries, flood protection, recreation, and many other public benefits. Many of the historic waterways and wetlands of Sonoma County have disappeared because of filling, siltation, channelization or other activities. Federal, state, and local regulations now set a high priority on preserving the remaining resources and carefully managing development that might effect them.

Federal and state management of wetlands and water resources result from a few specific requirements that apply in a wide range of situations. These involve protection of surface and ground water from silt or pollutants, protection of wetland habitat, and preservation of endangered species.

Local jurisdiction applies to management and protection of habitat areas, such as riparian corridors, implementing certain federal and states requirements for water quality protection, erosion control, and flood and run-off control.

Many types of protected waterways are regulated beyond the simple river, pond, or stream. Protected areas can also include:

• Wetlands: Areas where surface water pools, where groundwater lies just below surface, or damp areas adjacent to ponds, among others.
• Vernal pools: Seasonal wetlands that dry up in summer, but support unique plant and animal species during the spring.
• Seasonal streams: Streams that dry up or flow below the surface after initial winter and spring run-off.
• Springs & Seeps: Areas where groundwater reaches the surface
• Farm ponds: Edges of man-made ponds, including farm ponds, may fall under protected environments over time

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Frequently Asked Questions (FAQs)

1. Is my project consistent with the local General Plan and zoning?
Your proposal must comply with policies that affect what activities are allowed, how site resources are protected, and where the activity is on the parcel, among other restrictions.  

2. Does my project involve any activity in a stream or within a waterway setback?
This activity can include adding or removing riparian vegetation, building a stream crossing, removing materials or adding fill to a stream, and similar activities.  

3. Is my project in an area that might affect wetlands or vernal pools?
Wetlands and vernal pools are special habitat areas protected by state and federal regulations. Protected areas may not show evidence of running water and may even be dry for much of the year.  

4. Is my project adjacent to a wetland or waterway affected by changes in run-off or sedimentation?
Activities such as grading, filling, or improving drainage can cause increased erosion, stream siltation, or contamination.

5. Does my project involve normal farm practices or activities?
Some, but not all, regulatory programs allow exceptions or special procedures for agricultural activities. Such farms are not exempt from key regulatory programs (and significant penalties can result), so do not assume you are exempt. Get the information you need to be sure.

See: Steps for Local Land Use Permits Affecting Protected Waters

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Key Water Resource Agencies
The local planning or permitting agency for your area and county can restrict activities near a waterway such as a creek. In addition to required setbacks from the water's edge, some agencies restrict removal of riparian (or streamside) vegetation. These restrictions also apply to septic systems located near waterways.

The Sonoma County Water Agency (SCWA) may also restrict the use of land next to creeks or streams, and require that easements be dedicated to the water agency for flood control access. Although most creeks and streams in Sonoma County are privately owned and maintained, the SCWA does have maintenance responsibility for some of the larger waterways. A permit is needed and use may be restricted for those owned and/or maintained by SCWA.

Regional water quality control boards enforce most federal and state regulations protecting water quality. In addition to permits issued for discharges to waterways, these agencies make rules that apply to septic system standards, storm water run-off control, dairy waste discharges, and others.

The California Department of Fish and Game, regulates land use next to and within waterways and wetlands in several ways. This state agency can impose conditions or mitigations on a development, even if no actual permit is required from this department. In addition, projects that involve grading, filling, or other activities in or adjacent to a stream requires a Streambed Alteration Agreement to set conditions and restrictions.

The U.S. Army Corp of Engineers regulates grading and filling in waterways, wetlands, and lakes, among others. Its jurisdiction is based on two types of waterway

Additional agencies may have specialized jurisdiction depending on exactly what your project is and where it is located. These can include the State Lands Commission, the National Oceanic and Atmospheric Administration (NOAA), and California Division of Dam Safety, among others.

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Steps for Local Land Use Permits Affecting Protected Waters

1. First Step
Always start with your local planning agency to determine permit requirements and who else you may need to contact. Take the time to ask questions early and save time and money later! 

2. Modify and Revise
If your project is not consistent with planning and zoning requirements, you need to modify your plan or request a different general plan or zoning designation. Even if your project is consistent, you may need permits from the county or other agencies. 

3. Activity review
Any activity involving a streambed or setback typically requires review by:

Local planning departments Sonoma County Water Agency California Dept. of Fish and Game (Streambed Alteration Permit) Army Corp of Engineers (404 Permit Process)

4. Location in or near wetlands
Projects in or around wetlands often affect protected plant or animal species, triggering different levels of review. Additional review or permits typically are required by: California Dept. of Fish and Game (Steambed Alteration Permit) Army Corps of Engineers (404 Permit Process)

5. Last Step
Even if your type of project is allowed under local zoning without a permit, you still may need a permit or special conditions if your project indirectly impacts wetlands or streams. Local planning departments (grading or other permits) Regional water quality control boards (storm water run-off) Sonoma County Environmental Health (septic tanks, wells)

Contact the Natural Resources Conservation Service, the Agricultural Commissioner or the organizations listed in the directory to determine your status.

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Your Rights and Responsibilities

Your Responsibilities
Submit a complete application. Ensure that your application contains all the required information. If it is incomplete, your application may not be processed and deadlines for agency action may be delayed. Review the agency’s checklist and ask questions to ensure you understand what information they need.

Contact all appropriate agencies. If your project requires a separate permit from another agency, it is your responsibility to contact and apply to those agencies. Failure to obtain all permits exposes you to fines and may jeopardize the approval of your main planning permit.

Providing consistent information. Permits are valid only if all the information you provide is correct and complete. If you change your project after obtaining permits or submit inconsistent information on various applications, you may end up with invalid permits resulting in agency fines.

Your Rights
Timely processing of your application. Once your application is accepted as complete, many permits carry state-imposed deadlines in which an agency must act on an application. Most local jurisdictions set performance deadlines for processing different types of requests.

Resolution of conflicting requirements. If different agencies impose conflicting requirements or conditions, most agencies cooperate to find a solution. State agencies address this problem in several ways, including a "master permit" process that allows one agency to control the conditions, mediation or appeal procedures.

Appeal agency requirements or restrictions. Many local and state permit procedures include an appeal process for denials or conditions of approval. In most cases, the appeal must take place within a stated timeframe, requires a filing fee, and a "show cause" for the request. Appeal processes may also involve a public hearing. No formal appeal process is available for Army Corps of Engineers permits.

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