Lake and Streambed Alteration

September 23, 2021

Question: My neighbor is dumping dirt in the creek by our home. Is this legal?

Answer: It might be. California Fish and Game Code (FGC) section 1602(a) requires notification to CDFW of any activity that would substantially alter the bed, bank or channel of a river, stream or lake, or dispose of material where it could enter into a river, stream or lake. Therefore, it would be illegal for your neighbors to alter the creek bed by your home without notifying CDFW. CDFW requires a Lake and Streambed Alteration (LSA) Agreement when a project activity may substantially adversely affect fish and wildlife resources. For more information, please visit CDFW’s LSA Program online.

FGC section 5650 outlines prohibitions on water pollution including discharge of any of the following into California waterways:

1.   Any petroleum, acid, coal or oil tar, lampblack, aniline, asphalt, bitumen, or residuary product of petroleum, or carbonaceous material or substance.

2.   Any refuse, liquid or solid, from any refinery, gas house, tannery, distillery, chemical works, mill, or factory of any kind.

3.   Any sawdust, shavings, slabs, or edgings.

4.   Any factory refuse, lime, or slag.

5.   Any cocculus indicus.

6.   Any substance or material deleterious to fish, plant life, mammals, or bird life.

If you believe you have witnessed an environmental crime, you should document the incident(s) via CalTip: wildlife.ca.gov/Enforcement/CalTIP(opens in new tab). Other agencies, including local government entities, the Regional Water Quality Control Board and Army Corps of Engineers, to name a few, may also have legal authority over these activities.

5.   Any cocculus indicus.

Googled this.  What a weird place to put this prohibition in the regs.  It is a plant native to southeast asia that is used to stun fish.  Also used as an adjunct in beer and imparts a giddiness.  Plants are weird.