Note: This is not the official version. The printed version issued by the Queen's Printer remains the official version. Copies may be obtained from Crown Publications Inc., 521 Fort Street, Victoria, BC V8W 1E7.
Part 7
Changes in and about a Stream
Authority to make a change in and about a stream
37
(a) authorized by an approval, licence or order, or
(b) made in compliance with this regulation.
(a) the requirement to comply with all applicable federal, provincial or municipal enactments, and
(b) if the change in and about a stream will occur on Crown land or land owned by another person, from the requirement to obtain the approval of the owner before proceeding.
Limits on the authority to make a change in and about a stream
38
(a) provides, on request, information that the engineer, officer or habitat officer requires to assess the impact on the nature of the stream or stream channel, and
(b) once commenced, completes the change without delay except if a delay is necessary to preserve the nature of the stream or stream channel.
Failure to comply with this regulation when making a change in and about a stream
39 In addition to other remedies or penalties that may be imposed on a person who makes a change in and about a stream that does not comply with this regulation, the person must
(a) within 72 hours report the non-compliance to the closest regional office of the Ministry of Environment, Lands and Parks, and
(b) to remedy the non-compliance,
(i) take the measures the engineer specifies, and
(ii) comply with the terms and conditions described in section 42 that a habitat officer specifies.
Notification
40
(a) notifies a habitat officer of the region of the Ministry of Environment, Lands and Parks in which the change in and about a stream will be located, by providing the information specified in the notification form available from the ministry, of the particulars of the proposed change at least 45 days prior to commencing to make the change, and
(b) obtains from a habitat officer the terms and conditions described in section 42 on which the change can proceed prior to commencing to make the change.
(a) within 72 hours report the change to a habitat officer, and
(b) take the measures the engineer specifies and comply with the terms and conditions described in section 42 that a habitat officer specifies respecting the change.
Protection of water quality
41 A person making a change in and about a stream must ensure that
(a) no substance, sediment, debris or material that could adversely impact the stream is
(i) allowed or permitted to enter or leach or seep into the stream from an activity, construction, worksite, machinery or from components used in the construction of any works, or
(ii) placed, used or stored within the stream channel,
(b) no standards or objectives published under section 2 (e) of the Environment Management Act by the Ministry of Environment, Lands and Parks for the protection of ambient water quality are exceeded or not attained now or in the future due to the change,
(c) there is no disturbance or removal of stable natural materials and vegetation in and about a stream that contribute to stream channel stability except as authorized under this regulation and in accordance with the terms and conditions specified by the habitat officer,
(d) temporary material, fill, bridge, culvert, pump, pipe, conduit, ditch or other structure used to assist in the construction of any works are constructed and maintained only during the period of construction, and are removed on completion of the works,
(e) all cast-in-place concrete and grouting is completely separated from fish bearing waters for a minimum of 48 hours,
(f) rock from acid-generating rock formations is not used for construction, and
(g) the stream is restored to its natural state on completion of the change in and about a stream.
Protection of habitat
42
(a) the timing window or the period or periods of time in the year during which the change can proceed without causing harm to fish, wildlife or habitat,
(b) the minimum instream flow or the minimum flow of water that must remain in the stream while the change is being made,
(c) the removal of material from the stream or stream channel in connection with the change,
(d) the addition of substance, sediment, debris or material to the stream or stream channel in connection with the change,
(e) the salvage or protection of fish or wildlife while the change is being made or after the change has been made,
(f) the protection of natural materials and vegetation that contribute to habitat or stream channel stability,
(g) the restoration of the work site after the change has been made, and
(h) the requirement to obtain an approval from the federal Department of Fisheries and Oceans in connection with the change.
(a) within 72 hours report the damage to a habitat officer, and
(b) restore and repair the habitat to its natural state or as directed by the habitat officer.
Protection of other water users
43
Authorization for changes in and about a stream
44 For the purposes of section 9 of the Water Act, the following changes in and about a stream may be made without the necessity of obtaining an approval or licence for that change, provided that the changes made in accordance with this regulation and in accordance with the terms and conditions, described in section 42, specified by a habitat officer
(a) the installation, maintenance or removal of a stream culvert for crossing a stream for the purposes of a road, trail or footpath, provided that
(i) equipment used for site preparation, construction, maintenance or removal of the culvert is situated in a dry stream channel or operated from the top of the bank,
(ii) in fish bearing waters, the culvert allows fish in the stream to pass up or down stream under all flow conditions,
(iii) the culvert inlet and outlet incorporate measures to protect the structure and the stream channel against erosion and scour,
(iv) if debris cannot safely pass, provision is made to prevent the entrance of debris into the culvert,
(v) the installation, maintenance or removal does not destabilize the stream channel,
(vi) the culvert and its approach roads do not produce a backwater effect or increase the head of the stream,
(vii) the culvert capacity is equivalent to the hydraulic capacity of the stream channel or is capable of passing the 1 in 200 year maximum daily flow without the water level at the culvert inlet exceeding the top of the culvert,
(viii) the culvert has a minimum equivalent diameter of 600 mm,
(ix) a culvert having an equivalent diameter of 2 metres or greater, or having a design capacity to pass a flow of more than 6 cubic metres a second, is designed by a professional engineer and constructed in conformance with that design,
(x) the culvert is installed in a manner which will permit the removal of obstacles and debris within the culvert and at the culvert ends,
(xi) the stream channel, located outside the cleared width, is not altered,
(xii) embankment fill materials do not and will not encroach on culvert inlets and outlets,
(xiii) the culvert has a depth of fill cover which is at least 300 mm or as required by the culvert manufacturer's specifications,
(xiv) the maximum fill heights above the top of the culvert do not exceed 2 m, and
(xv) the culvert material meets the standards of the Canadian Standards Association;
(b) the construction, maintenance or removal of a clear span bridge, provided that
(i) the bridge and its approach roads do not produce a back water effect or increase the head in the stream,
(ii) the equipment used for construction, including site preparation, maintenance or removal of the bridge is situated in a dry stream channel or is operated from the top of the bank,
(iii) the hydraulic capacity of the bridge is equivalent to the hydraulic capacity of the stream channel, or is capable of passing the 1 in 200 year maximum daily flow, and the height of the underside of the bridge is also adequate to provide free passage of flood debris and ice flows, and
(iv) the bridge material meets the standards of the Canadian Standards Association, as applicable;
(c) the construction or maintenance of a pipeline crossing, provided that
(i) the pipeline and associated works are installed in a dry stream channel at a depth so that the top of the pipe is at least 1 metre below the lowest elevation of the bed of the stream, and
(ii) in the case of an aerial crossing, the crossing is constructed in accordance with the requirements prescribed in paragraph (b) for clear span bridges;
(d) the construction, maintenance or removal of a pier or wharf in a stream, provided that the ebb and flow of water and movement of material under the influence of waves or currents is not obstructed and that the requirements under section 37 (4) are met;
(e) the construction, maintenance or removal of a flow or water level measuring device in a stream by the Crown in right of either Canada or British Columbia, or their agents;
(f) the construction or removal of a fish fence, screen or fish or game guard across a stream by the Crown in right of either Canada or British Columbia, or their agents, provided that it is designed, constructed, maintained or used so as not to obstruct the flow of water in the stream;
(g) the restoration or maintenance of a stream channel by British Columbia or its agents;
(h) the restoration or maintenance of a stream channel by a -municipality;
(i) the mechanical or manual cutting of annual vegetation within a stream channel;
(j) the restoration or maintenance of fish habitat by the Crown in right of either Canada or British Columbia, or their agents;
(k) the repair or maintenance of existing dikes or existing erosion protection works to their original state, provided that the dikes or works were functional during the previous year;
(l) the construction or maintenance of storm sewer outfalls, provided that the storm sewer outfall is designed by a professional engineer, and constructed, maintained and used so as not to obstruct the flow of water in the stream or to cause erosion or scour in the stream;
(m) the mechanical or manual control of Eurasian water milfoil and other aquatic vegetation by a landowner, a municipality or a local authority;
(n) the construction or maintenance of ice bridges, winter fords or snowfills,
(i) provided that the materials used are removed from the stream channel before ice breakup and that only clean ice and snow are used, and
(ii) in the case of ice bridges, provided any logs, timbers and other structural materials used can be removed in a safe manner;
(o) the construction or placement of erosion protection works or flood protection works during a flood emergency, but not including restoration works, declared under the Emergency Program Act, under the direction of the Crown in right of British Columbia, or its agents, or by a municipality;
(p) the clearing of an obstruction from a bridge or culvert by the Crown in right of British Columbia, or its agents, or by a municipality during a flood event when there exists a potential danger to life or property;
(q) the installation or cleaning of drain tile outlets;
(r) the repair or maintenance of the superstructure of a bridge, excluding its foundation, made in accordance with this regulation, particularly the terms and conditions specified in this regulation for the protection of water quality, habitat and water users;
(s) the installation, repair, maintenance or removal of fences, provided that the fencing materials
(i) are not in the stream channel,
(ii) do not block debris in the stream channel, and
(iii) do not interfere with navigation of the stream;
(t) a change in and about a stream to which a standard or regulation under the Forest Practices Code of British Columbia Act applies that is carried out
(i) by a person
(A) holding an agreement under the Forest Act or the Range Act or holding a special use permit under the Forest Practices Code of British Columbia Act, or
(B) referred to in section 58 (2) (c) of the Forest Practices Code of British Columbia Act, in the construction, modification, maintenance or de-activation of a road under that Act, or
(ii) by the Crown in right of British Columbia or by someone under contract to the Crown in right of British Columbia, provided that the person carrying out the change complies with the Forest Practices Code of British Columbia Act, including the regulations and standards established under it;
(u) the maintenance of a minor and routine nature by a public utility of its works;
(v) the removal of a beaver dam under section 9 of the Wildlife Act, provided that the removal is carried out in such a manner that downstream flooding and erosion do not occur;
(w) the construction of a temporary ford across a stream, provided that
(i) the construction occurs at a time in the year during which the construction can occur without causing harm to fish, wildlife or habitat,
(ii) the 1 in 10 year maximum daily flow over the ford is accommodated without the loss of the ford and without scouring the stream,
(iii) a stream culvert, if used, is designed and installed to pass the average low flow during the period of use,
(iv) the channel is protected against any anticipated erosion, during the period of construction and use of the ford, and also after the ford crossing is removed,
(v) sediment from approach ditches does not enter the stream,
(vi) the driveable running surface is erosion-free,
(vii) the stream remains in its channel and cannot be diverted down the road,
(viii) the ford will pass channel debris, and
(ix) the ford is removed at the end of the period of use at a time, prior to the next freshet, when the removal can proceed without causing harm to fish, wildlife or habitat,
(x) the construction of a temporary diversion around or through a worksite for the purposes of constructing or maintaining bridge abutments, constructing or maintaining piers other than bridge piers, or maintaining bridge piers or constructing works authorized under this section, provided that the worksite is no larger than the minimum area required, and
(i) if pumps, pipes or conduits are used to divert water around or through the worksite,
(A) pumps, pipes or conduits are sized to divert the 1 in 10 year maximum daily flow for the period of construction, and
(B) any pump or intake withdrawing water from fish bearing waters is screened in accordance with the Fish Screening Directive of the Department of Fisheries and Oceans Canada, or
(ii) if coffer-dams are used to isolate successive parts of the construction at the worksite,
(A) the coffer-dams are designed by a professional engineer and constructed in accordance with that design, and
(B) the natural channel remaining outside of the coffer-dams is adequate to pass the 1 in 10 year maximum daily flow during the period of construction, or
(iii) if ditches are used to divert flow around the worksite,
(A) the flow of water diverted remains within the stream channel,
(B) ditches are designed and constructed to divert the 1 in 10 year maximum daily flow around or through the worksite and are protected from any anticipated erosion during the period of construction and use of the ditch, and
(C) the ditches are completely backfilled and the area returned as closely as possible to the natural state within the -construction period.
Note: A full discussion of the Regulation is found in A User's Guide to Working In and Around Water: Regulation Under British Columbia's Water Act - June, 1997. Water Management Branch, BC Ministry of Environment. 23pp.
Note: This is not the official version. The printed version issued by the Queen's Printer remains the official version. Copies may be obtained from Crown Publications Inc., 521 Fort Street, Victoria, BC V8W 1E7.
Notification for Proposed Works and Changes In and About a Stream
under the Section 9 Regulation of the Water Act
Please refer to the application guidelines when completing this Notification Form
1. Applicant Name: ______________________________________________________
Address: ________________________________________________________________
City & Province: _________________________________________________________
Postal Code: ________________ Phone:____________________
2. Location of Works:
Stream Name: ___________________________________________________________
Location on Stream: ______________________________________________________
What stream\river\lake does it flow into?: _____________________________________
Address, if different from above: ____________________________________________
Legal description of property: _______________________________________________
3. Sketch Plan: attach a drawing showing lot boundaries, location of proposed works, stream direction and flow and location of buildings.
4. Proposed Timing:
Start (day/month/year): _____________________
Finish (day/month/year): ____________________
5. Type of Works (Check appropriate line):
____ Road crossing culvert
____ Pipeline crossing in a naturally dry channel
____ Cutting annual vegetation
____ Storm sewer outfalls
____ Existing dike or erosion protection works repair or maintenance
____ Routine maintenance by a public utility
____ Fish habitat restoration or maintenance by government
____ Stream channel restoration or maintenance by a municipality or the province
____ Fish fences or screens, fish or game guards by government
____ Flow or water level measuring device by government
____ Clear span bridge
____ Pier or wharf
____ Ice bridge or winter ford
____ Aquatic vegetation control
Dimensions of the proposed works: Length: _____ Width: ______ Diameter: _______
6. Do you own the land on which the works are to be located?
Yes ____ No _____ (check one)
If not, who owns the land?
Land Ownership: Private: _____ Crown: _____ (check one)
Landowner's approval, if different from applicant:
Landowner Name: ____________________________________________________
Address: ____________________________________________________________
Postal Code: ________________ Phone: _________________
Landowner's Signature: ________________________________________________
(Attach tenure document for Crown land)
7. Who is Doing the Work?
Contractor: if different from applicant:
Company Name: _______________________________________________________
Contact Name: _________________________________________________________
Address: ______________________________________________________________
Postal Code: ________________ Phone: _________________
The information on this notification form will be made available to the public under the freedom of information legislation, if requested.
8. Statement of Intent:
I declare that the information contained on this form is complete and accurate information. I have read, understood and will meet the requirements to construct works and changes in and about a stream in accordance with Section 7 of the Water Act and the Regulation.
Signed: _________________________________ Date: ______________________
Ministry Use Only:
_____ Meets the requirements to proceed under regulation
_____ Approval required
Notification for Proposed Works and Changes In and About a Stream under the Section 7 Regulation of the Water Act
Application Guidelines
Please fill in all sections of the form, incomplete forms do not constitute a notification and will not be processed.
1. Name and mailing address
Enter your name, mailing address and telephone number.
2. Location of works
3. Sketch Plan
Attach a drawing which clearly shows:
A copy of part of a cadastral or topographic map or legal plan, at a reasonable scale, may be used for the drawing.
4. Proposed Timing
Indicate proposed start and finish of the works (day/month/year).
5. Type of Works
Identify the nature of the works by checking one of the boxes. Also, note the dimensions of the works and list length, width and diameter where appropriate.
6. Ownership of the Land
7. Who is Doing the Work
If you are not carrying out the work, indicate contractor/company's name, mailing address, postal code and telephone numbers.
8. Statement of Intent
Make sure each section of the form is filled out and that the information is accurate and complete. After having read and understood the conditions outlined in the Section 7 Regulation, and ensured that your project meets all requirements, sign and date the form.
When your form is complete, send it along with the sketch plan to the BC Environment regional office located nearest to the proposed works. This notification form must be completed, by providing the information specified, and must be received by a habitat officer in the nearest Ministry of Environment, Lands and Parks office at least 45 days prior to the proposed commencement of the work.