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Regulations and Permits: Building On or Near Creeks

Before starting any project that may affect a waterway–including construction, erosion repair, and planting–contact your city planning department to understand local requirements. For properties in unincorporated Alameda County, contact the Alameda County Community Development Agency’s Planning Department. Regulations and permitting needs can vary by location and project type.

For a general overview of permitting requirements, view or download the Guide to Watershed Project Permitting for the State of California. This and other helpful information can be found on the California Association of Resource Conservation Districts (CARCD) website.

Regulatory Agencies You May Need to Consult

California State Water Resources Control Board

Anyone wanting to divert water from a stream or river not adjacent to his or her property must first apply for a Water Right Permit from the State Board. A Water Right Permit is also required when there is intention to take water from a creek for storage or for direct use on non-riparian land.

California Department of Fish and Wildlife (CDFW)

If your project has the potential to impact any state-listed endangered or threatened species, you will have to consult with the CDFW under the CA Endangered Species Act. State regulations require you to notify CDFW of any proposed activity that will:

  • substantially divert or obstruct the natural flow of any river, stream or lake;
  • substantially change or use any material from the bed, channel, or bank of, any river, stream or lake; or
  • deposit or dispose of debris, waste or other material containing crumbled, flaked or ground pavement where it may pass into any river, stream, or lake.

Regional Water Quality Control Board

The Federal Clean Water Act (CWA) Section 401 Water Quality Certification  is required for every federal permit or license for any activity that may result in a discharge into any waters in the United States, including flood control channelization, channel clearing and placement of fill.

U.S. Fish and Wildlife Service

An Incidental Take Permit is required for projects or building activities that may result in the hunting, harming, harassing, pursuing, shooting, wounding, killing, capturing, trapping, or collecting of a listed species.

Army Corps of Engineers

The U.S. Army Corps of Engineers has permitting authority over activities affecting waters of the United States. This includes surface waters such as navigable waters and their tributaries, all interstate waters and their tributaries, natural lakes, all wetlands adjacent to other waters, and all impoundments of these waters. Please visit the U.S. Army Corps of Engineers, San Francisco District website for permitting and other useful information.

Creek winding through marshland with cyclist on path, hills in background under hazy sky.

Ordinances, Regulations, and Guidelines

Below is an overview of local ordinances, design resources, and regional water-quality regulations that may apply to projects in Alameda County.  

Alameda County Ordinances

Guidelines

There are several guidelines regarding construction within the county. Engineering Design Guidelines  and Standard Details/Design Guidelines  for unincorporated areas can be found at the Alameda County Planning Department website. 

Regulations

The California Regional Quality Control Board was founded to preserve, enhance, and restore the quality of California’s drinking water and water resources. Read more about the Federal Clean Water Act on the Environmental Protection Agency’s website. The most recent Municipal Regional Stormwater NPDES Permit for the entire San Francisco Bay Region can be found on the CA Regional Water Quality Control website.