Environmental and CEQA Considerations


Each permit application is required to be in compliance with the California Environmental Quality Act (CEQA) in accordance with California Code of Regulations, Title 23, Section 191, Incorporation of California Environmental Quality Act Guidelines. In addition to a CEQA review, permit applications will also be provided to the U.S. Army Corps of Engineers (USACE) to ensure compliance with the National Environmental Policy Act (NEPA).

Encroachment permit applications are required to include a copy of all CEQA documents prepared or being prepared for a project. These documents include:

  • A copy of the proposed project’s environmental documents prepared by the Lead Agency, i.e., a Notice of Exemption (NOE), or the Initial Study, Negative Declaration, Mitigated Negative Declaration (IS/ND/MND), or the draft and Final Environmental Impact Report (EIR).
  • A copy of the Mitigation Monitoring Reporting Program or Plan (MMRP) prepared and adopted by the Lead Agency.
  • A copy of the “Findings” made by the Lead Agency relative to the potential environmental impacts of the project as approved by the Lead Agency.
  • A copy of the Statement of Overriding Considerations made by the Lead Agency if one was necessary.
  • A copy of the Notice of Determination (NOD) filed with Office of Planning and Research’s State Clearinghouse (SCH) or County Clerk/Recorder’s Office of the county where the project will be located.

For additional information on preparing or submitting CEQA documents refer to:

Additional publications on CEQA requirements are available on the website of the Office of Planning and Research:




The USACE review will be carried out pursuant to the following authorities:

  • Section 14 of the Rivers and Harbors Appropriation Act of 1899 (codified in Title 33 United States Code Section 408) regarding the authority to make alterations to, or to temporarily or permanently occupy or use, any USACE federally authorized civil works project;
  • Section 10 of the Rivers and Harbors Appropriation Act of 1899 (codified in Title 33 United States Code Section 403) regarding work or structures in, under, or above navigable waters; and
  • Section 404 of the Clean Water Act (CWA) of 1972 (codified in Title 33 United States Code Section 1344) regarding discharges of dredged or fill material into waters of the United States.

For more information on the permit review pursuant to Section 404 of the CWA, please contact the Regulatory Branch of the USACE at:

Sacramento District HQ Office
1325 J Street, Room 1350
Sacramento, California 95814
Phone: (916) 557-5250
Fax: (916) 557-5306
Email: spk-regulatory-info@usace.army.mil