Delta Plan Covered Actions

Visit the Council’s Covered Actions Portal to access the latest covered action-related documents and information.

About

The Sacramento-San Joaquin Delta Reform Act of 2009 (Delta Reform Act) established a certification process for demonstrating consistency with the Delta Plan. The Delta Reform Act requires any state or local agency proposing to undertake a qualifying action (covered action) must submit to the Delta Stewardship Council a written certification of consistency with detailed findings as to whether the covered action is consistent with the Delta Plan (Wat. Code, § 85225). Any person who claims that a proposed covered action is inconsistent with the Delta Plan and, as a result of that inconsistency, the action will have significant adverse impact on the achievement of one or both of the coequal goals or implementation of government sponsored flood control programs to reduce risks to people and property in the Delta, may appeal a certification of consistency to the Council. (Wat. Code, § 85225.10). The Delta Reform Act requires that the appeal is filed with the Council no later than 30 days after the submission of the certification of consistency (Wat. Code, § 85225.15). If there are no appeals, the state or local public agency may proceed to implement the covered action.

To file or view a Certification of Consistency, please visit the Council’s Covered Actions Portal and for information on the Council’s appeal process visit Administrative Procedures Governing Appeals.

Process

Council staff provided an overview of the Council’s Certification of Consistency and appeal process at its July 2025 meeting. The presentation slide deck is available on our Council meetings web page, and a recording of the presentation is available on YouTube.

The chart below outlines the certification and appeal process associated with a covered action. This diagram is a reference tool only and should not be relied on when preparing a certification of consistency, an appeal, or as legal guidance regarding the Delta Plan or the appeal process. The Delta Plan regulatory policies are found in the California Code of Regulations, Title 23, section 5001, et seq. For ease of reference, view the policy text at deltacouncil.ca.gov/pdf/delta-plan/regulations/2023-04-05-delta-plan-policies-handout.pdf.