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 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

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Darren Suen has been selected for the Board’s new Policy Advisor position. He performed this function in Acting capacity for the last year, working to raise awareness about the Board’s role in flood management and to advance flood policies that support public safety and provide benefits to the environment and agriculture communities. Prior, Darren was the Department of Water Resources serving as Program Lead and Policy Advisor for the Assistant Division Chief of the Flood Management Division and the Deputy Director in Flood Operations Center during flood emergencies. Darren has a long career in program management and flood control, working in private, State, and federal agencies. Currently, he also serves as a member of the Elk Grove City Council. Congratulations to Darren!

Michael Wright has been selected to fill the Chief Engineer position beginning April 2, 2019. Michael has been with the Board since 2011. During his tenure, Michael has held multiple supervisory positions, including Enforcement Section Chief, Acting Operations Branch Chief, and Plan Implementation and Compliance Branch Chief. For the past eight months, he has been filling the Chief Engineer role. Congratulations, Michael Wright.