Streambeds and Creeks

April 20, 2023

Question: The recent storms caused a levee near a creek in my community to break which caused flooding. We didn’t know if we needed permission from CDFW to clear the creek. What are the rules for homeowners taking action and clearing debris from streambeds and creeks?

Answer: We appreciate you checking in on this. Under California Fish and Game Code (FGC) section 1610, emergency work in streams does not require advance notification to CDFW. "Emergency" is defined as a sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property or essential public services, per Public Resources Code section 21060.3.

Please note that:

1.  Emergency actions can occur in advance of the actual damaging event

2.  Emergency actions may also include necessary subsequent actions (e.g. debris removal) that followed an immediate emergency (e.g. flooding)

3.  Entities must notify CDFW in writing within 14 days after beginning the emergency work; and

4.  CDFW is available to assist with any related questions. Please contact the Regional Manager of the applicable Regional Office ( https://wildlife.ca.gov/Regions ).

Also see from CDFW’s website: more information regarding the emergency notification process ( https://wildlife.ca.gov/Conservation/Environmental-Review/LSA/Agreement-Types#55230889-emergency-work) and more information about CDFW’s streambed alteration program in general ( https://wildlife.ca.gov/Conservation/Environmental-Review/LSA ).

For non-emergency projects, notification to CDFW may be required, per FGC section 1602. Notification would be followed by issuance of a Lake or Streambed Alteration Agreement for the project. CDFW recommends contacting the Regional Office associated with the location of your project if you have any questions about the permitting process for Lake or Streambed Alterations.