BirdReturns

2026090840

California Department of Fish and Wildlife, Habitat Conservation Planning (CDFW)

NOE - Notice of Exemption

9/18/2026

9/18/2026

Kelsey Navarre

California Department of Fish and Wildlife

Senior Environmental Scientist (Specialist)

Lead/Public Agency

1010 Riverside Parkway
West Sacramento, CA 95605

(916) 617-0265

kelsey.navarre@wildlife.ca.gov

Private properties eligible for enrollment in project in the following counties; Butte, Contra Costa, Colusa, Glenn, Fresno, Kern, Kings, Madera, Merced, Placer, San Joaquin, Sacramento, Solano, Stanislaus, Sutter, Tehama, Tulare, Yolo, and Yuba

Categorical Exemption

California Code of Regulations, Title 14, sections 15307, and 15308, Class 7, and 8

The California Department of Fish and Wildlife (CDFW), through its Wildlife Branch has approved the BirdReturns program (Project) that includes the funding and implementation of several successful private lands habitat incentive programs including the Spring Wetlands, Semi-Permanent and Permanent Wetlands, Farmlands, Fall Wetlands, Winter Habitat and Tricolored Blackbird Colony Protection Programs. BirdReturns will incentivize the flooding of wetlands and farmlands, at specific depths during specific times of the year when habitat is lacking for migratory and resident waterbirds (waterfowl, shorebirds, wading birds). CDFW staff have overseen the programs from 2022-2025 and will contract with the following non-governmental agencies to implement the programs, The Nature Conservancy, California Audubon, and Point Blue Conservation Science. The project not only provides waterbird habitat but is also beneficial for landowners and improves California’s climate resiliency by recharging groundwater, allowing flexibility during drought scenarios, decomposing waste straw, reducing flood risk, controlling weeds, improving wetland habitat, and improving recreation benefits for rural communities. For purposes of the California Environmental Quality Act (CEQA, Public Resources Code, § 21000 et seq.) CDFW approved the Project, relying on the Class 7 and 8 Categorical Exemptions, respectively. (CEQA Guidelines, §§ section 15307, section 15308.) Each exemption relevant to the Project is discussed below. Class 7 Categorical Exemption CDFW finds the Project to be exempt pursuant to CEQA Guidelines section 15307, the exemption for “Actions by Regulatory Agencies for Protection of Natural Resources”. Class 7, as relevant here, consists of “the maintenance, restoration, or enhancement of natural resources where the regulatory process involves procedures for the protection of the environment.” The Project falls within the class because it involves maintaining and enhancing wetlands that may not otherwise be flooded during specific times of year. The Project specifically targets the creation of habitat for migratory and resident waterbirds to bolster populations and maintain wetland quality. The Project also engages agricultural producers to create surrogate wetland habitat in the Central Valley where over 90% of wetlands have been lost. Class 8 Categorical Exemption CDFW finds the Project to be exempt pursuant to CEQA Guidelines section 15308 the exemption for “Actions by Regulatory Agencies for Protection of the environment.” Class 8, as relevant here, consists of “the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment.” The Project falls within the class because it involves maintaining and enhancing wetlands that may not otherwise be flooded during specific times of year. The project specifically targets the creation of habitat for migratory and resident waterbirds to bolster populations and maintain wetland quality. The Project also engages agricultural producers to create surrogate wetland habitat in the Central Valley where over 90% of wetlands have been lost.