PLAN
Permitting & Environmental Compliance
Some land stewardship practices require an environmental review and permit(s) because they could potentially negatively impact protected environmental resources (such as rare or endangered species, streams, or wetlands), or cultural resources (such as archaeological sites), even if only temporarily.
How to reduce or avoid the need for permits or environmental compliance:
- By reducing environmental impacts, it’s often possible to design land stewardship projects on private land in ways that minimize, or avoid entirely, the need for permits or a formal environmental review (such as the California Environmental Quality Act – CEQA or the National Environmental Policy Act – NEPA). For example, staying out of wetlands, streams, and riparian areas could mean that permits from agencies like California Department of Fish and Wildlife (CDFW) or the Regional Water Quality Control Board (RWQCB or simply the “Water Board”) are not required. One purpose of this guide is to help stewards in Sonoma County responsibly enact practices and avoid, or at least minimize, undesired environmental impacts which in turn streamlines the project.
- Implementing defensible space typically does not require a permit or CEQA compliance except in certain circumstances where sensitive resources may be present, such as working in riparian areas and the coastal zone, or when using burn piles as woody material management tool.
It’s good practice to reach out to your local government (your city, or Permit Sonoma) and the local fire agency before you start work to determine if permits are needed.
A project will almost certainly require a permit or environmental compliance if:
- Any government is funding part of the project
- It involves burning, including Pile Burning, Making & Using Biochar, or Beneficial Fire
- It involves selling or trading timber
- The work occurs on land held by any government agency
- The work occurs in a coastal zone or riparian/wetlands
Commercial timber harvesting, which includes selling, trading, bartering, or exchanging of cut material on timberland, requires state approved environmental review documents prepared by a Registered Professional Forester. Get a professional assessment if your project may fall within this category.
If government funding is a part of the project, and if the proposed activity has potential physical impact, then the lead agency (such as the City, County or Resource Conservation District) will require an environmental review. Environmental review is the process of reviewing a project and its potential environmental impacts and identifying mitigation. If the project has federal funding, it will use the National Environmental Policy Act (NEPA) review process. If the project has California state funding, it will use the California Environmental Quality Act (CEQA) process. CEQA’s environmental review checklist reviews a wide range of potential impacts. Permits will also require an environmental review by the appropriate agency, such as CDFW or the Water Board.
After someone files CEQA documents with government agency such as a Resource Conservation District, a city, or Sonoma County, the agency then must then file them with the state. Compliance with CEQA could be accomplished multiple ways:
- For very large projects, CAL FIRE’s Vegetation Treatment Program (CalVTP) is designed to streamline CEQA.
- Some vegetation management projects that avoid and minimize potential impacts obtain environmental review by filing a Notice of Exemption. Exemptions related to common land stewardship activities are:
- CEQA exemption 15304 – “Minor Alterations to Land,” which “consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes.”
- CEQA exemption 15301 – “Existing Facilities,” for maintenance and “minor alterations” of vegetation along roadways, not including pesticide use.
- The Marin Wildfire Prevention Authority obtained environmental compliance for their shaded fuel break program using CEQA exemptions.
- CEQA compliance for projects that do not avoid or minimize environmental impacts could include a Mitigated Negative Declaration or an Environmental Impact Report (EIR).
Environmental Compliance Flowchart
Common permits related to vegetation management in Sonoma County:
- Timber Harvest Permit (CAL FIRE) if you intend to harvest and sell/barter timber
- Waste Discharge Permit (Water Board) if your activities will result in soil or other material discharging to waterways
- Lake and Streambed Alteration Agreement (CDFW) if your activities will alter a lake or streambed
- US Army Corps 404 permit if you intend to put soil or other fill into wetlands or waters of the U.S.
- Grading Permit (County of Sonoma) if you intend to build or modify a road or otherwise move soil
- Riparian Corridor Permit (Permit Sonoma) if you intend to work near a riparian corridor. See specific guidance on fuels reduction in riparian areas, especially Appendix B near the bottom of that webpage.
- Permit Sonoma Coastal Permits if you are working in the Coastal Zone. The Coastal Zone is a buffer area of variable width along the entire west coast which enacts special, strong protective policies. Look up coastal zone boundaries.
- Sonoma County Encroachment Permit if you will be working near a county road.
- CALFIRE Burn Permit if you intend to burn.
- North Sonoma County Air Pollution Control District Burn Permit if you intend to burn and you are in this district. See map.
- Bay Area Air Quality Management District Burn Permit if you intend to burn and you are in this district. See map.
- NEW Sonoma County Tree Protection Ordinance and Oak Woodland Ordinance if you intend to cut trees unrelated to any government-reviewed plan.
Potential Environmental Permit Requirements
Permits for Working Near Water
Some quality general resources on how to approach permitting and environmental compliance for common land stewardship activities include:
- Section 9.3 of the RCD Landsmart Forest Template
- “Permitting and Planning Forest Fuel Reduction Projects on Private Lands in California” from UCANR
- An experienced professional can provide guidance about how to comply with laws and regulations.
Thanks to the Natural Resources Division of Permit Sonoma for these diagrams.