California Code of Regulations
Title 14 - Natural Resources
Division 1 - Fish and Game Commission-Department of Fish and Game
Subdivision 3 - General Regulations
Chapter 3 - Miscellaneous
Section 699.5 - Fees for Lake and Streambed Alteration Agreements
Universal Citation: 14 CA Code of Regs 699.5
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Definitions. For purposes of this section, the following definitions apply:
(1)
"Activity" means any activity that by itself would be subject to the
notification requirement in subdivision (a) of Section
1602 of
the Fish and Game Code.
(2)
"Agreement" means a lake or streambed alteration agreement issued by the
department.
(3) "Agreement for
routine maintenance" means an agreement that:
(A) covers only multiple routine maintenance
projects that the entity will complete at different time periods during the
term of the agreement; and
(B)
describes a procedure the entity shall follow to complete any maintenance
projects the agreement covers.
(4) "Agreement for timber harvesting" means
an agreement of five years or less that covers one or more projects that are
included in a timber harvesting plan approved by the California Department of
Forestry and Fire Protection.
(5)
"Department" means the California Department of Fish and Wildlife.
(6) "Extension" means either a renewal of an
agreement executed prior to January 1, 2004, or an extension of an agreement
executed on or after January 1, 2004.
(7) "Major amendment" means an amendment that
would significantly modify the scope or nature of any project covered by the
agreement or any measure included in the agreement to protect fish and wildlife
resources, or require additional environmental review pursuant to Section 21000
et seq. of the Public Resources Code or Section
15000 et seq., Title 14,
California Code of Regulations, as determined by the department.
(8) "Master agreement" means an agreement
with a term of greater than five years that:
(A) covers multiple projects that are not
exclusively projects to extract gravel, sand, or rock; not exclusively projects
that are included in a timber harvesting plan approved by the California
Department of Forestry and Fire Protection; or not exclusively routine
maintenance projects that the entity will need to complete separately at
different time periods during the term of the agreement and for which specific
detailed design plans have not been prepared at the time of the original
notification; and
(B) describes a
procedure the entity shall follow for construction, maintenance, or other
projects the agreement covers.
(C)
An example of a project for which the department would issue a master agreement
is a large-scale development proposal comprised of multiple projects for which
specific, detailed design plans have not been prepared at the time of the
original notification. The master agreement will specify a process the
department and entity will follow before each project begins and may identify
various measures the entity will be required to incorporate as part of each
project in order to protect fish and wildlife resources. The process specified
in the master agreement may require the entity to notify the department before
beginning any project the agreement covers and to submit the applicable fee.
After the department receives the notification, it will confirm that the master
agreement covers the project and propose measures to protect fish and wildlife
resources in addition to any included in the master agreement, if such measures
are necessary for the specific project. By contrast, if the large-scale
development proposal is comprised of, for example, multiple residences, golf
courses, and associated infrastructure projects for which specific, detailed
design plans have been prepared by the time the entity notifies the department
and the entity is ready to begin those projects, the entity may obtain a
standard agreement only.
(9) "Master agreement for timber operations"
means an agreement with a term of greater than five years that:
(A) covers timber operations on timberland
that are not exclusively projects to extract gravel, sand, or rock; not
exclusively projects that are included in a timber harvesting plan approved by
the California Department of Forestry and Fire Protection; or not exclusively
routine maintenance projects that the entity will need to complete separately
at different time periods during the term of the agreement; and
(B) describes a procedure the entity shall
follow for construction, maintenance, or other projects the agreement covers.
For the purposes of this definition, "timberland" and "timber operations" have
the same meaning as those terms are defined in sections
4526
and
4527
of the Public Resources Code, respectively.
(10) "Minor amendment" means an amendment
that would not significantly modify the scope or nature of any project covered
by the agreement or any measure included in the agreement to protect fish and
wildlife resources, as determined by the department, or an amendment to
transfer the agreement to another entity by changing the name of the entity to
the name of the transferee.
(11)
"Project" means either of the following as determined by the department:
(A) One activity. An example of such a
project is one that is limited to the removal of riparian vegetation at one
location along the bank of a river, stream, or lake that will substantially
change the bank.
(B) Two or more
activities that are interrelated and could or will affect similar fish and
wildlife resources. An example of such a project is the construction of one
bridge across a stream that requires the removal of riparian vegetation, the
installation of abutments in or near the stream, and the temporary de-watering
of the stream using a diversion structure. Each of those three activities
together would constitute one project for the purpose of calculating the fee
under this section because they are all related to the single purpose of
constructing one bridge at one location. By contrast, the construction of three
bridges and two culverts across a stream at five different locations would not
constitute one project, but instead would constitute five projects, even if
each structure were to provide access to a common development site and/or were
physically connected to each other by a road.
(C) "Project" does not mean project as
defined in Section
21065
of the Public Resources Code or Section
of Title
1415378 of Title 14 of the California Code of
Regulations.
(12)
"Standard agreement" means any agreement other than an agreement for gravel,
rock, or sand extraction, an agreement for timber harvesting, an agreement for
routine maintenance, a master agreement, or a master agreement for timber
operations.
(b) Standard Agreement.
(1) Fee if the term of the
agreement is five years or less:
(A) $738.50
if the project costs less than $5,000.
(B) $926.25 if the project costs from $5,000
to less than $10,000.
(C) $1,849.25
if the project costs from $10,000 to less than $25,000.
(D) $2,775.50 if the project costs from
$25,000 to less than $100,000.
(E)
$4,073.50 if the project costs from $100,000 to less than $200,000.
(F) $5,525.00 if the project costs from
$200,000 to less than $350,000.
(G)
$6,580.50 if the project costs $350,000 or more.
(2) Fee if the term of the agreement is
longer than five years:
(A) $8,883.75 base
fee, plus:
1. $738.50 if the project costs
less than $5,000.
2. $926.25 if the
project costs from $5,000 to less than $10,000.
3. $1,849.25 if the project costs from
$10,000 to less than $25,000.
4.
$2,775.50 if the project costs from $25,000 to less than $100,000.
5. $4,073.50 if the project costs from
$100,000 to less than $200,000.
6.
$5,525.00 if the project costs from $200,000 to less than $350,000.
7. $8,328.00 if the project costs from
$350,000 to less than $500,000.
8.
$14,804.75 if the project costs $500,000 or more.
(3) For the purpose of this
subsection, project cost means the cost to complete each project for which
notification is required. Project costs shall include, but are not limited to,
the cost of all investigations, surveys, designs, labor, and materials required
to complete the project.
(4) A
notification for a standard agreement should identify only one project.
(A) If an entity chooses to identify more
than one project in a single notification, the fee shall be calculated by
adding the separate fees for each project. For example, if a notification
identifies three projects, one of which will cost less than $5,000 to complete,
one of which will cost $7,500 to complete, and one of which will cost $17,500
to complete, the fee for the first project would be $738.50, the fee for the
second project would be $926.25, and the fee for the third project would be
$1,849.25. Hence, the total fee the entity would need to submit with the
notification that identifies those three projects would be $3,514.00.
(B) Notwithstanding the above, the department
may require the entity to separately notify the department for one or more of
the projects included in the original notification based on their type or
location. If the department requires the entity to separately notify the
department for one or more of the projects included in the original
notification, the department shall return the original notification and fee to
the entity, after which the entity may submit to the department separate
notifications and a fee for each project.
(5) An entity may not obtain a standard
agreement for any project identified in the notification that qualifies for an
agreement for gravel, rock, or sand extraction, an agreement for timber
harvesting, an agreement for routine maintenance, a master agreement, or a
master agreement for timber operations unless the department agrees
otherwise.
(6) Fee submittal:
(A) If the entity requests an agreement with
a term of five years or less, the applicable fee specified in subsections
(b)(1)(A)-(G) shall be submitted with the notification.
(B) If the entity requests an agreement with
a term longer than five years, the base fee specified in subsection (b)(2)(A)
and the applicable fee in subsections (b)(2)(A)1-8 shall be submitted with the
notification.
(c) Agreement for Gravel, Sand, or Rock Extraction.
(1) Fee if the term of the
agreement is five years or less:
(A)
$1,849.25 if the annual extraction volume identified in the notification is
less than 500 cubic yards.
(B)
$3,700.75 if the annual extraction volume identified in the notification is 500
cubic yards to less than 1,000 cubic yards.
(C) $6,580.50 if the annual extraction volume
identified in the notification is 1,000 or more cubic yards.
(2) Fee if the term of the
agreement is longer than five years:
(A)
$37,012.75 base fee, plus:
(B) an
annual fee of $3,700.75.
(3) Fee submittal:
(A) If the entity requests an agreement with
a term of five years or less, the applicable fee in subsection (c)(1)(A)-(C)
shall be submitted with the notification.
(B) If the entity requests an agreement with
a term longer than five years, the base fee specified in subsection (c)(2)(A)
shall be submitted with the notification, and the annual fee specified in
subsection (c)(2)(B) shall be submitted as specified in the
agreement.
(d) Agreement for Timber Harvesting.
(1) Pursuant to subdivision (c) of Section
4629.6
of the Public Resources Code, no fee shall be required if the department
received the notification after July 1, 2013. This includes a notification made
to the department pursuant to Section
1602 or Section
1611 of
the Fish and Game Code.
(e) Agreement for Routine Maintenance.
(1) Fee if the term of the agreement is five
years or less:
(A) $4,443.00 base fee,
plus:
(B) $369.75 for each
maintenance project completed per calendar year.
(2) Fee if the term of the agreement is
longer than five years:
(A) $8,883.75 base
fee, plus:
(B) $369.75 for each
maintenance project completed per calendar year.
(3) Fee submittal:
(A) If the entity requests an agreement with
a term of five years or less, the base fee specified in subsection (e)(1)(A)
shall be submitted with the notification, and the project fee specified in
subsection (e)(1)(B) shall be submitted as specified in the
agreement.
(B) If the entity
requests an agreement with a term longer than five years, the base fee
specified in subsection (e)(2)(A) shall be submitted with the notification, and
the project fee specified in subsection (e)(2)(B) shall be submitted as
specified in the agreement.
(f) Master Agreement.
(1) Fee:
(A)
$111,037.25 base fee, plus:
1. An annual fee
of $9,252.25, unless the department specifies otherwise; and
2. $926.25 for each project the agreement
covers, unless the department specifies otherwise.
(2) Fee submittal:
(A) The base fee specified in subsection
(f)(1)(A) shall be submitted with the notification.
(B) The annual fee and project fee specified
in subsection (f)(1)(A)1-2 shall be submitted as specified in the
agreement.
(g) Master Agreement for Timber Operations.
(1) Pursuant to subdivision (c) of Section
4629.6
of the Public Resources Code, no fee shall be required if the department
received the notification after July 1, 2013. This includes a notification made
to the department pursuant to Section
1602 or Section
1611 of
the Fish and Game Code.
(h) If an entity chooses to identify more than one project in a single notification, the total fee may exceed $5,000 regardless of the term of the agreement.
(i) Additional Fee for Marijuana Cultivation Sites That Require Remediation.
(1) If the
purpose of an agreement, or major amendment to an agreement described herein,
whether in part or in whole, is to remediate a marijuana cultivation site, the
entity shall submit the applicable fee below, which shall be in addition to the
fee for the agreement or major amendment, in accordance with subdivision (d) of
Section
12029
of the Fish and Game Code.
(2) Fee:
(A) $3,948.50 if the total remediation area
is less than or equal to 1,000 square feet as determined by the
department.
(B) $6,580.50 if the
total remediation area is greater than 1,000 square feet as determined by the
department.
(3) Fee
submittal:
(A) The fee specified in
subsection (i)(2)(A) or (B) shall be submitted with the notification or
amendment request by separate check or other method of payment.
(B) The additional fees specified in
subsections (i)(2)(A) and (B) shall apply only to entities notifying the
department for remediation associated with a marijuana cultivation site, and in
no other circumstance.
(j) Extensions for Agreements.
(1) Fee:
(A)
$739.50.
(2) Fee
submittal:
(A) The fee specified in
subsection (j)(1)(A) shall be submitted with the request for an
extension.
(3) For the
purpose of subsections (j), (k), and (l) an extension is not
an amendment.
(k) Minor Amendments.
(1) Fee:
(A) $554.00.
(B) The fee specified in subsection (k)(1)(A)
shall be submitted with the amendment request.
(l) Major Amendments.
(1) Fee:
(A)
$1,849.25.
(B) The fee specified in
subsection (l)(1)(A) shall be submitted with the amendment
request.
(C) A project may not be
added to an agreement by amendment unless the agreement specifies
otherwise.
(m) California Environmental Quality Act ("CEQA").
(1) When the department is required
to act as lead agency to administer and enforce Sections
1600-
1616 of
the Fish and Game Code, the department may charge and collect a reasonable fee
from the entity to recover its estimated CEQA-related costs in accordance with
Section
21089
of the Public Resources Code. The department may recover its estimated
CEQA-related costs by collecting from the entity one or more deposits. The
amount of the first deposit shall be at least $1,500. The department shall
refund any unused deposit to the entity.
(n) Payment of Fees.
(1) The department may refuse to process a
notification, a request for an extension, or a request for a minor or major
amendment until the department receives the proper fee or fees.
(o) Method of Payment.
(1) Any fee specified herein shall be made to
the Department of Fish and Wildlife by check, money order, or credit card
accepted by the department.
(2) To
pay a fee by credit card, the department's Credit Card Payment Authorization
Form (DFW 1443b (8/15)), incorporated by reference, shall be completed in full
and submitted to the department with the notification form, request for an
extension, or request for a minor or major amendment, unless the fee is paid in
person at one of the department region offices. The form is available on the
internet at: www.wildlife.ca.gov/Conservation/LSA.
(3) If the fee is paid by credit card, the
department shall assess a separate credit card processing fee of 1.6% to
recover handling costs and credit card company charges.
(p) Refunds.
(1) The department may not refund or return
any fee specified herein except as specified below.
(A) If an entity requests an agreement with a
term longer than five years and the department denies the entity's request, the
department shall return the fees paid and instruct the entity to submit the
applicable fee for an agreement with a term of five years or less.
(B) If an entity identifies more than one
project in a single notification, and the department requires the entity to
separately notify the department for one or more of the projects in accordance
with subsection (b)(4)(A), the department shall return to the entity the fee
with the original notification.
(C)
If after receiving a notification the department determines that the fee
submitted was more than the amount required, the department shall refund to the
entity the excess amount.
(D) If
after receiving a notification the department determines that notification is
not required because the project is not subject to subdivision (a) of Section
1602 of
the Fish and Game Code, the department shall refund to the entity any fees
submitted with the notification.
(q) Type of Agreement.
(1) The department shall determine at its
sole discretion the type of agreement the entity may obtain for a project or
projects.
Note: Authority cited: Sections 713, 1609 and 12029, Fish and Game Code; and Section 21089, Public Resources Code. Reference: Sections 713, 1605, 1609 and 12029, Fish and Game Code; and Sections 4629.6(c) and 21089, Public Resources Code.
Note: Authority cited: Sections 713, 1609 and 12029, Fish and Game Code; and Section 21089, Public Resources Code. Reference: Sections 713, 1605, 1609 and 12029, Fish and Game Code; and Sections 4629.6(c) and 21089, Public Resources Code.
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