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Notice of Proposed Rulemaking: Lake and Streambed Alteration Agreements (Section 699.5, Title 14, CCR)

September 1, 2016

Final Approval of Amendments to Section 699.5, Title 14, CCR, Fees for Lake and Streambed Alteration Agreements

The Office of Administrative Law approved the Department’s proposed amendments to the fee schedule for Lake and Streambed Alteration Agreements (OAL Notice File No. Z-2016-0419-08) on August 30, 2016.

The new fee schedule will become effective on October 1, 2016 in accordance with Government Code Section 11343.4. All notifications and fees submitted to the Department on or after October 1st must comply with the new fee schedule.

Copies of OAL’s approval and the final rulemaking files are below. The documents will be available for public review for 6 months, until March 8, 2017:


June 30, 2016

Second 15-Day Continuation Notice for OAL File Number Z-2016-0419-08, regarding Fees for Lake and Streambed Alteration Agreements

The Department has added clarifying language to subsection 699.5(i) of the proposed regulatory text to make it clear that the additional fees specified in subsections 699.5(i)(2)(A) and (B) apply only to entities notifying the Department for remediation of a marijuana cultivation site, and in no other circumstance..

Written comments on the revised regulatory text must be received no later than 15 calendar days from the date of this notice.  Comments may be submitted by mail, fax, or email to:

California Department of Fish and Wildlife,
Lake and Streambed Alteration Program
Attn: Lance Salisbury, Senior Environmental Scientist
1416 9th Street, 12th Floor
Sacramento, CA 95814
Fax: (916) 653-2588
Email: Lance.Salisbury@wildlife.ca.gov

Proposed revisions to the regulatory text:


June 13, 2016

15-Day Continuation Notice for OAL File Number Z-2016-0419-08, regarding Fees for Lake and Streambed Alteration Agreements

In response to comments by the Department of Finance, the Department of Fish and Wildlife has prepared an Addendum to the Initial Statement of Reasons published on April 29, 2016 and a revised Economic and Fiscal Impact Statement (STD Form 399). The Addendum and the revised STD 399 provide an updated estimate of the potential revenues from fees for marijuana cultivation sites that require remediation. No changes to the originally proposed regulatory text are necessary.

Written comments on the Addendum to the Initial Statement of Reasons and the revised STD 399 must be received no later than 5:00 p.m. on Wednesday, June 29, 2016. Comments may be submitted by mail, fax, or email to:

California Department of Fish and Wildlife,
Lake and Streambed Alteration Program
Attn: Lance Salisbury, Senior Environmental Scientist
1416 9th Street, 12th Floor
Sacramento, CA 95814
Fax: (916) 653-2588
Email: Lance.Salisbury@wildlife.ca.gov

The proposed revisions to the rulemaking file consist of the following documents:

The files for the original April 29, 2016 rulemaking notice can be found below.


April 29, 2016

In accordance with the Administrative Procedure Act, the California Department of Fish and Wildlife (Department) provided notice of the proposed regulatory action described below to the Office of Administrative Law for publication in the California Regulatory Notice Register on April 29, 2016. The public notice begins a 45-day public review period during which time interested individuals may comment on the proposed rulemaking.

Fish and Game Code (FGC) Section 1609 authorizes the Department to charge fees to any entity subject to FGC Section 1602 in an amount necessary to pay for the total costs the Department incurs in administering and enforcing FGC Section 1600 et seq., referred to by the Department as the Lake and Streambed Alteration (LSA) Program. The Department’s existing fee schedule for Lake and Streambed Alteration Agreements (fee schedule) is in Section 699.5 in Title 14 of the California Code of Regulations (CCR).

FGC Section 12029(d) requires the Department to adopt regulations “to enhance the fees on any entity subject to [FGC] Section 1602 for marijuana cultivation sites that require remediation.”

Adoption of the proposed regulations will:

  • Increase all fees in the existing fee schedule by 129% to generate near term revenues to maintain the existing LSA Program at its current level pursuant to FGC Section 713(g) and FGC Section 1609.
  • Establish for the first time an additional fee for marijuana cultivation sites that require remediation pursuant to FGC Section 12029(d).
  • Add a new category to the fee schedule to allow an entity to pay fees by credit card and to allow the Department to recover credit card company transaction fees.
  • Reorganize some sections in the existing fee schedule.
  • Add and amend some language and reformat some sections in the existing fee schedule.
  • Modify the definition of “master agreement” in the fee schedule.
  • Clarify that the Department has final authority to determine the type of lake or streambed alteration agreement (agreement) an entity may obtain for a particular project.

Written comments are welcome and must be received by 5:00 p.m. on June 13, 2016. Comments may be submitted by mail or by email to:

Lance Salisbury, Senior Environmental Scientist
California Department of Fish and Wildlife
Lake and Streambed Alteration Program
1416 Ninth Street, 12th Floor
Sacramento, CA 95814
Telephone: (916) 653-3559
Email: lance.salisbury@wildlife.ca.gov

A public hearing on the proposed regulations has been scheduled for Monday, June 13, 2016, from 10:00 a.m. to 11:30 a.m., in the 1st floor auditorium of the Resources Building located at 1416 9th Street, Sacramento, California. The auditorium is wheelchair accessible. At the public hearing, any person may present oral and written comments on the proposed regulations.

The current rulemaking file for this proposal consists of the following documents: