Vineyards face increasing scrutiny from resource agencies and the public for a variety of reasons, including wetlands. Due to a statewide 90% decline in wetland acreage (including vernal pools and riparian wetlands which occur locally), several federal state and local laws may be applicable to typical vineyard installation and operation activities.
Wetland Regulations Potentially Applicable to Vineyards
Federal: Section 404 of the Clean Water Act
"Wetlands are areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions."
- Includes vernal pools, wetlands and streams.
- Requires a permit from U.S. Army Corps of Engineers for disposal of fill or land leveling upon crop conversion
State: Section 1603 Fish and Game Code
Regulates alterations to "bed, channel or bank designated by DFG" (i.e. blue-line streams, or other stream with bed and bank) via Streambed Alteration Agreement.
Napa County Code Chapter 18.108
Setback requirements for intermittent and perennial streams: 35-150 feet, depending on slope
- USGS blue line
- Well defined channel > 4' depth, 3:1 banks, riparian vegetation
- Resolution 91-61
Lake County Ordinance No. 2218 (aka Grading Ordinance)
Discretionary approval of a grading permit and environmental review pursuant to CEQA:
"Grading within 30' of top of bank or within the riparian canopy of a stream, lake, vernal pool, wetland or designated floodway."
- Streams: Same definition as DFG?
- Wetland: As defined by the Corps of Engineers
- Vernal Pool: Shallow ephemeral pool characterized by a perched water table
Sonoma County Ordinance 5172 (aka Vineyard Ordinance)
Section 30-66 Riparian Setbacks Designated Streams: USGS blue line
- Level 1 -Replant or slopes < 15%: Setback = 25'
- Level II / III - slopes 15 - 50 %: Setback = 50'
- Level IV - slopes > 50% vineyard prohibited
Opportunities and Constraints Posed by Wetlands
If there is suspicion, or definite knowledge, that wetlands are present, it would be prudent to have a qualified biologist conduct an initial survey of the site in order to identify any wetland constraints. These areas should be mapped so that their location can be related to the vineyard layout design. In the case of creeks, the setbacks should be plotted in order to determine how they affect vineyard layout. For vernal pools and other wetlands, the best option would be to ascertain whether the wetlands could be avoided. They may serve as habitat areas and also function as natural retention basins helping to improve water quality. If they cannot be avoided, be prepared to obtain the proper permits, and have a viable mitigation plan for onsite wetland creation, or participation in a mitigation bank. Public funds and volunteer/education opportunities exist that can make integrating wetlands into the vineyard a public and wildlife benefit, while casting a positive public relations image.
Marco Waaland
Golden Bear Biostudies
536 B St., Santa Rosa, CA 95401
(707) 573-1770
gbb@msn.com