Permitting for Stream Restoration under Regulation 87

What You Need to Know

By Nathan Boyer-Rechlin

Western Rivers Program Specialist

Published March 13, 2026

This article is from Audubon Rockies , Audubon's regional office for Colorado, Utah, and Wyoming. Find your nearest Audubon office here.

On February 9, Colorado’s Water Quality Control Commission (WQCC) approved Regulation 87, establishing the state’s new program for permitting impacts to state waters. This concludes a nearly three-year regulatory process that began following the U.S. Supreme Court’s Sackett decision, produced bi-partisan legislation protecting all Colorado’s waters regardless of federal policy, and navigated over a year of stakeholder meetings and rulemaking proceedings.

While much of Regulation 87 focuses on large development projects and compensatory mitigation, it also includes provisions relevant to stream and wetland restoration.

On February 11, Audubon and the Healthy Headwaters Working Group hosted a webinar with Annette Quill and Kelly Morgan of the Colorado Water Quality Control Division to walk through what restoration practitioners need to know. The discussion covers the process for obtaining temporary authorizations, upcoming general authorizations the state plans to develop, exemptions and exclusions for voluntary restoration and wildlife habitat work, and how the new state program will coordinate with other government agencies on the permitting process.

We hope this webinar supports a clearer understanding of how to navigate Regulation 87 for stream and wetland restoration projects.

View a recording of the webinar here:
If you are looking for specific information, consult the list of key topics and timestamps below the video.

Links Referenced in the Webinar

Webinar Table of Contents:

00:00 – Welcome and Introductions (Audubon, HHWG & WQCD)
05: 30 – Webinar Overview (Abby Burk)

Colorado’s Dredge and Fill Program and Implementation (Kelly Morgan & Annette Quill)
06:40 – Regulation 87: Background & Implementation
09:20 – Exemptions and Exclusions from Reg 87
10:05 – Temporary Authorizations - requirements & process
15:00 – Isolated State Waters General Authorization
18:00 – General Authorizations
21:00 – Individual Authorizations
25:45 – Projects that require a Certification of Project Completion

What Does Regulation 87 Mean for Stream Restoration? (Jackie Corday & Abby Burk)

Exemptions and Exclusions
28:00 – Does my project require a state authorization?
29:45 – Exemption for voluntary restoration in ephemeral streams.
35:40 – 11 types of waters excluded from Regulation 87
37:30 – Exemption & Exclusion Request Form
38:15 – Exemption for maintenance of managed wetland complexes

Restoration in Intermittent and Perennial Streams
39:05 – Do I need a State or Federal Permit? (Intermittent Streams)
41:30 – Do I need a temporary or general authorization? (Intermittent Streams)
43:05 – Restoring Perennial Stream Systems

Project Consultation, Fees, and Best Practices
43:50 – Project fees for state permits
45:50 – Best practices for consultation with CDPHE

Q&A
51:15 -- How will Reg 87 improve restoration outcomes in Colorado?
55:50 – Wildlife habitat management activities exemption
57:30 – Clarifying overlapping federal processes
1:02:55 – Are projects on federal land subject to state permitting?
1:04:40 – Water rights considerations for Regulation 87
1:07:40 – Colorado general authorizations based on federal permits
1:09:00 – County specific regulations

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Permitting for Stream Restoration under Regulation 87

Webinar Table of Contents: