1. (2) Any impacts described in paragraph (1) shall be deemed to be avoided or mitigated if the covered action as designed and implemented would not preclude or otherwise interfere with the ability to restore habitat as described in section 5006.

2. (3) If the impacts referenced in paragraph (1) are mitigated rather than avoided, those impacts shall be mitigated to the extent that the project has no significant impact on the opportunity to restore habitat as described in section 5006.

   (b)(1) For purposes of Water Code section 85057.5(a)(3) and section 5001(o)(1)(E) of this Chapter, this policy covers proposed actions in the priority habitat restoration areas depicted in Appendix 5. It does not cover proposed actions outside those areas.

3. (2) For a covered action that had a Notice of Preparation, Mitigated Negative Declaration or Negative Declaration published prior to April 1, 2025, those changes shall become operative two years after the effective date of those changes.

(a)(1) Within the priority habitat restoration areas depicted in Appendix 5, significant adverse impacts to the opportunity to restore habitat described in section 5006, shall be avoided or mitigated.

Note: Authority cited: Section 85210(i), Water Code. Reference: Sections 85020, 85022, 85054, 85300, 85302 and 85305, Water Code.

History

1. New section filed 8-7-2013; operative 9-1-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 32).

2. Change without regulatory effect amending subsection (d) filed 2-29-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 9).

3. Amendment filed 2-27-2025; operative 4-1-2025 (Register 2025, No. 9).