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Chapter 19 - Wild and Scenic Rivers

What Does This Topic Include?

This topic covers the regulatory framework and recommended procedures for addressing effects on national- and state-designated Wild and Scenic Rivers for both Caltrans and local agency transportation projects. It discusses preparation of the Wild and Scenic Rivers section of the environmental document and supporting documentation; the timing of the studies with the environmental process; and the information needed for project delivery.

Laws, Regulations, and Guidance

See also SER Volume 1, Chapter 1 - Federal Requirements, Chapter 2 - State Requirements, and Chapter 38 - NEPA Assignment

Federal Laws and Regulations

State Laws and Regulations

Guidance

Additional Information

Definitions

“Wild rivers” are those rivers or segments of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted. [16 U.S.C. 1273(b)(1); PRC 5093.53(a).]

“Scenic rivers” are those rivers or segments of rivers that are free of impoundments, with shorelines or watersheds still largely primitive and shorelines largely undeveloped, but accessible in places by roads. [16 U.S.C. 1273(b)(2); PRC 5093.53(b).]

“Recreational rivers” are those rivers or segments of rivers that are readily accessible by road or railroad, that may have some development along their shorelines, and that may have undergone some impoundment or diversion in the past. [16 U.S.C. 1273(b)(3); PRC 5093.53(c).]

National Wild and Scenic Rivers in California

National Designated Rivers

The following are National Wild and Scenic Rivers in California. For details on their designated reaches, remarkable values, and classification (wild, scenic, or recreational), please visit the National Wild and Scenic Rivers System website. Note that many of the rivers have tributaries that are also included so it is important to check the designated reaches if any of these rivers are within the project vicinity.

  • Amargosa River
  • American (Lower) River
  • Bautista Creek
  • Big Sur River
  • Black Butte River
  • Cottonwood Creek
  • Deep Creek
  • Eel River
  • Feather River
  • Fuller Mill Creek
  • Kern River
  • Kings River
  • Klamath River
  • Merced River
  • North Fork American River
  • North Fork San Jacinto River
  • Owens River Headwaters
  • Palm Canyon Creek
  • Piru Creek
  • Sespe Creek
  • Sisquoc River
  • Smith River
  • Surprise Canyon Creek
  • Trinity River
  • Tuolumne River
  • Whitewater River

National Study Rivers

There are currently no rivers or river systems under “authorized” study in California. Additional information can be found on the National Wild and Scenic Rivers System Study Rivers website. 

Nationwide Rivers Inventory

In addition to formally designated National Wild and Scenic Rivers and National Study Rivers, the National Park Service maintains a Nationwide Rivers Inventory (NRI). This inventory is a listing of more than 4,500 free-flowing river segments in the United States that possess one or more regionally or nationally significant "outstandingly remarkable" natural or cultural values. Rivers on the NRI are considered eligible or potentially eligible for inclusion in the National Wild and Scenic Rivers System. Under the Wild and Scenic Rivers Act Section 5(d)(1) and related guidance, all federal agencies must seek to avoid or mitigate actions that would adversely affect NRI river segments. If a project has the potential to affect a river on the NRI, consult the National Park Service. For more information, see the NRI Consultation Guidance website.

California Wild and Scenic Rivers System

Designated Rivers

The rivers bulleted below are designated under the California Wild and Scenic Rivers Act. See PRC Section 5093.50 et. seq. for segment locations; wild, scenic, or recreational classification (PRC Section 5093.545); and special considerations (in particular for Carson, Smith, and West Walker River). Using the find feature (ctrl + f) is recommended to search for specific information about the river in question. Please check the entire section of regulation as the information is spread throughout.

Note that some of the rivers listed below also have tributaries (in particular the Smith River System) that are also designated, so it is important to check PRC 5093.50 et. seq. to see whether or not any creeks or rivers in the project area are covered.

  • Albion River
  • American River (Lower and North Fork)
  • Cache Creek
  • Carson River
  • Eel River
  • Gualala River
  • Klamath River
  • Mokelumne River
  • Salmon River
  • Scott River
  • Smith River System
  • South Yuba River
  • Trinity River
  • Van Duzen River
  • West Walker River

Special Rivers

While not designated as part of the National or California Wild and Scenic Rivers systems these rivers have been afforded special protection. Please see PRC Section 5093.50 et. seq. for information about the river in question. Using the find feature (ctrl + f) can be helpful to search for specific information.

  • Deer Creek
  • McCloud River
  • Mill Creek

River Managing Agencies

Each state or federally designated wild and scenic river is managed by one or more agency or, in some cases, tribal governments. The federal river managing agency(ies) can be located in the description of the river on the National Wild and Scenic Rivers System webpage. The California Natural Resources Agency is the managing agency for the California Wild and Scenic Rivers System.

Section 7 of the Federal Wild and Scenic Rivers Act and Interagency Coordination

Section 7 of the federal Wild and Scenic Rivers Act prohibits federal agencies from assisting in the construction of any water resources project that would have a direct and adverse effect on a designated river or congressionally authorized Study River. The purpose of a Section 7 consultation is to determine whether a proposed project could have an adverse effect on the free-flowing characteristics of the river and whether the action could have the potential to alter the river segment’s ability to meet the criteria that classify it as wild, scenic, or recreational. The river-administering agency (or managing agency) is responsible for conducting the Section 7 analysis and making a determination under the statute.

Water resources projects include dams; water diversion projects; fisheries habitat and watershed restoration/enhancement projects; bridges and other roadway construction/reconstruction projects; bank stabilization projects; channelization projects; levee construction; recreation facilities such as boat ramps and fishing piers; and activities that require a 404 permit (Clean Water Act) from the United States Army Corps of Engineers. Additionally, work that requires a Section 10 permit (Rivers and Harbors Act) or a Streambed Alteration Agreement from the California Department of Fish and Wildlife may also be subject to Section 7 of the Wild and Scenic Rivers Act.

The federal Wild and Scenic Rivers Act requires consultation with the designated river-management agency. The four federal agencies that may be charged with the administration of a National Wild and Scenic River are the Bureau of Land Management (BLM), the National Park Service (NPS), the United States Fish and Wildlife Service (USFWS) (all under the United States Department of the Interior); or the United States Forest Service (USFS) (under the United States Department of Agriculture).

Begin consultation with the local administering/managing agency identified on the National Wild and Scenic Rivers System website; however, it may be necessary to also consult with the NPS Regional Office in San Francisco and/or the USFS Pacific Southwest Region office.

National Park Service
333 Bush Street, Suite 500
San Francisco, CA 94104-2828
(415) 623-2100

United States Forest Service
Pacific Southwest Region
1323 Club Drive
Vallejo, CA 94592

Note, for the Klamath and Trinity Rivers, also contact:

Hoopa Valley Tribe
P.O. Box 1348
Hoopa, California 95546

Additionally, the NPS, USFS, and BLM have an interagency agreement for the purposes of evaluating proposed water resources projects under Section 7 on five California Rivers (Eel, Klamath, Lower American, Smith, Trinity, and many of their tributary streams). The National Park Service has requested early notice of proposed water resources projects by Caltrans. Questions and/or requests for a Section 7 determination on National Park Service administered river segments may be directed to pwr_rtca@nps.gov.

The results of consultation must be included in the environmental documentation. If the consultation results in the determination that there would be an adverse effect, subsequent coordination would be required to develop appropriate avoidance, minimization, and/or mitigation measures.

California Wild and Scenic Rivers Act and Interagency Coordination

The California Wild and Scenic Rivers Act prohibits the planning or construction of a dam, reservoir, diversion, or other water impoundment facility that could have an adverse effect on the free-flowing condition and natural character of the rivers and segments in the California Wild and Scenic Rivers System (PRC 5093.55).

If the proposed project has the potential to impact a California Wild and Scenic River as described above, consultation with the Secretary of the California Natural Resources Agency will be required. The results of consultation must be included in the environmental documentation. If the consultation results in the determination that there would be an adverse effect, subsequent coordination would be required to develop appropriate avoidance, minimization, and/or mitigation measures.

Wild and Scenic Rivers and Section 4(f)

Wild and Scenic River corridors managed for multiple purposes may be subject to Section 4(f) of the federal Department of Transportation Act of 1966. Whether Section 4(f) applies depends on how the river is designated, how it is being used, and how the responsible federal or state agency manages the land. The lead agency for the NEPA approval should consult with the official with jurisdiction over the river and examine the management plan.

A river would be a Section 4(f) property if it is publicly owned and designated a recreational river under the Wild and Scenic Rivers Act or is a recreation resource under a management plan. Section 4(f) would not apply if a river is designated as wild under the Wild and Scenic Rivers Act, but is not used or designated under a management plan as a park, recreation area, or wildlife refuge, and is not a historic site. If a management plan does not exist, or does not identify specific functions, then consult with the officials with jurisdiction prior to making a Section 4(f) determination. Section 4(f) does not apply to a Wild and Scenic River under study, to land within the corridor that is not open to the public, or to areas that function primarily for other purposes and where recreational activities are incidental, secondary, or occasional. See question 21 of the Section 4(f) Policy Paper for more information.

Discussion Points: Early Coordination Meeting

Address the following questions during early coordination:

  • Will the proposed project have an adverse effect on the free-flowing characteristics of the river? Typically, this would require in-water work.
  • Does the action have the potential to alter the river segment's ability to meet the criteria used to classify it as wild, scenic, or recreational? Generally, maintenance projects and other small non-capacity increasing or non-congestion relief projects are unlikely to alter the river segment’s ability to meet the criteria used for its designation. Exceptions would be projects requiring in-water work, projects that significantly alter the visual landscape, and/or projects that restrict access to the river, including those which may restrict access on a temporary basis (e.g., bridge replacement).
  • Can impacts be avoided or minimized by using an alternative design?
  • Is mitigation possible and feasible?

When evaluating potential effects to federally-administered rivers (or congressionally authorized Study Rivers), it is important to note that the designated boundaries generally average 0.25 miles on either bank.

Reporting

Report Content

There is no separate report to address Wild and Scenic Rivers. 

In the environmental document, discuss Wild and Scenic Rivers, all coordination among agencies, any impacts to the qualities that support the river’s designation, and any mitigation measures. Input from federal river managing agencies during the early coordination meeting will determine whether or not a Wild and Scenic Rivers Act Section 7 determination is required under the federal Wild and Scenic Rivers Act. If a Section 7 determination is required or if consultation with the Secretary for Natural Resources is required for potential impacts to California Wild and Scenic Rivers, this information must be included in the environmental document. If any potential impacts are anticipated, the draft environmental document should be sent to the federal river managing agency(ies) and the Secretary for Natural Resources (as applicable) during public circulation.

For more information, refer to the FHWA Technical Advisory T6640.8A.

Preparer Qualifications

There are no special qualifications required for persons addressing Wild and Scenic Rivers in an environmental document.

Timing the Studies with the Environmental Process

Consider Wild and Scenic Rivers issues at initiation of the environmental process, during an early coordination meeting with regulatory agencies. The consultation and determination process can be very time consuming, so early coordination is important to avoid project delays.

Information Needed for Project Delivery

No separate technical report for Wild and Scenic Rivers is required. 

For a CEQA Exemption/NEPA Categorical Exclusion, prepare a memo to file documenting the coordination with the river managing agencies and the results of the consultation.

For an Initial Study, Environmental Assessment, Environmental Impact Report (EIR), or Environmental Impact Statement, describe the coordination with the river managing agencies and the results of the consultation in the environmental document. The draft environmental document should be sent to the federal river managing agency(ies) and the Secretary for Natural Resources (as applicable) during public circulation.

Regional Transportation Plan

Document any Wild and Scenic Rivers Act Section 7 consultation and results in the EIR prepared under CEQA for the Regional Transportation Plan (RTP). Information included in the EIR or Master EIR for the RTP will serve as a building block in subsequent decision making.

Caltrans encourages the Metropolitan Planning Organization or Regional Transportation Planning Agency preparing the RTP to include the presence or absence of state or federal officially designated Wild and Scenic Rivers and Study Rivers in the environmental document for the RTP.

Project Initiation Document

If there is a Wild and Scenic River within or adjacent to the project area, this information should be included in the Preliminary Environmental Analysis Report (PEAR) prepared as part of the Project Initiation Document (PID). 

Project Study Reports (PSRs) and PSR equivalents should contain an inventory of environmental resources, identification of potential environmental issues and anticipated environmental processing type. Standard PSRs must include potential mitigation requirements and associated costs.

For projects on the SHS, provide verification of all information from the RTP and:

  • Official classification of each river (or reach thereof) within project area as “wild,” “scenic,” or “recreational.” 
  • Identification of the management agency of each river (or reach thereof) within project area.

For projects off the SHS, complete the Preliminary Environmental Study (PES) form. The information required for the PES satisfies the environmental requirement for the PSR equivalent.

Draft Project Report

For each alternative under consideration, the environmental document should identify the potential adverse effects on the natural, cultural, and recreational values of the designated Wild and Scenic or Study River. Adverse effects include alteration of the free-flowing nature of the river, alteration of the setting, or deterioration of water quality. 

Include verification of information from RTP and PID stage and:

  • A description of consultation and coordination with the agency managing the river (or reach thereof) within the project area. 
  • Potential mitigation measures.

Project Report

Present the following information for Wild and Scenic Rivers in the final environmental document:

  • Description of consultation under Section 7 of the Wild and Scenic Rivers Act and/or the California Wild and Scenic Rivers Act (if applicable).
  • Documentation of determination by managing agencies with mitigation measures if applicable.
  • Final mitigation measures.
  • Cost estimates for mitigation measures.

Permit Requirements

There are no permits required for involvement with Wild and Scenic Rivers.

Activities that may Occur During the Project Design Phase

  • Coordinate early with all appropriate river-managing agencies.
  • Consider alternatives that avoid impacts to Wild and Scenic Rivers.

Activities that may Occur During Construction

The Resident Engineer should refer to the environmental document and the environmental commitments record (ECR) in order to avoid construction impacts to Wild and Scenic Rivers.

(Last content update: 5/27/26: JC)