If your stream project is being funded or partially funded by State government funds, you will be required to complete a Senate Bill 40 Wildlife (SB40) Certification. The SB40 Certification requires projects with State funds to coordinate with Colorado Parks and Wildlife to protect fish and wildlife resources associated with streams in Colorado. Drainage ditches do not fall under the jurisdiction of SB40. In order to obtain an SB40 Certification, you or professionals working on your project will need to submit a letter detailing the anticipated impacts to wildlife habitat and how the project will mitigate those impacts. A common example is replacing trees that would be removed as a result of the project.

The Colorado Department of Transportation (CDOT) has produced a short document (14 pages) that describes the background, determining factors and process of the SB40 Certification. It is available online.

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