On January 28, 2021, the U.S. Army Corps of Engineers (USACE), San Francisco District, issued a Regional General Permit (RGP) to the Santa Clara Valley Habitat Agency, and its Co-Permittees for impacts to waters of the U.S. associated with projects covered by the Santa Clara Valley Habitat Plan. This permit provides a framework for integrating and streamlining waters permitting under Section 404 of the Clean Water Act with endangered species permitting already in place under the Habitat Plan. The RGP covers 17 categories of activities, setting thresholds for impacts and providing an expedited process for reviewing and processing project-specific waters permits. The five-year permit will expire on January 28, 2026, at which point it may be reissued if in good standing.

On June 30, 2023, the USACE Interagency Review Team approved an In-Lieu-Fee Enabling Instrument, which may provide compensatory mitigation credits for Clean Water Act impacts through the payment of Habitat Plan fees received for covered projects.  These credits may satisfy mitgation requirements for both the USACE and the Regional Water Quality Control Board (Section 401) and may be issued on a case-by-case basis subject to approval by the IRT and the Habitat Agency.  To find out more about the RGP, or the ILF Program, please contact the Habitat Agency.