FEDERAL STANDARDS:
The federal Fisheries Act regulates fish and fish habitat in Canada.
Section 35 of the Act prohibits the “harmful alteration,
disruption, or destruction of fish habitat” (HADD) unless
authorized by DFO.
If your works may result in a HADD, you will need to contact DFO
for an Authorization of your works.
If species at risk are present, the federal Species at Risk Act
will also apply.
REMEMBER:
You must submit a Notification to the BC Ministry of Water, Land
and Air Protection for your proposed works. |
Examples of a Few Types of Habitat Enhancement and Restoration
Works:
- Restoring fish access
- Creating bank cover
- Rehabilitating off-channel habitats
- Complexing the stream channel with large woody debris
or boulder clusters
- Creating pool-riffle sequences with small rock weirs
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A suggested Environmental Monitoring
Report outline is available in Appendix I at the end of this document.
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Further information on Timing of Works
Best Practices may be found in Appendix II.
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Report any spill of a reportable quantity of a listed substance
to the Provincial Emergency Program (PEP) at
1-800-663-3456
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For information regarding riparian restoration criteria,
contact local, provincial, or federal agencies for information or
look at the Watershed Restoration Program documents available (check
under series) at:
http://www.env.gov.bc.ca/
wld/pub/pubsearch.html
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No-net-loss of fish and wildlife habitat?
Minimize impacts of your activities and leave the stream better
than you found it!
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Specific Standards and Best Practices:
Habitat Enahncement and Restoration
Table of Contents
Background
Habitat enhancement and restoration works include any works in or about
a stream designed to restore or increase the productive capacity of aquatic
or riparian habitat. The types of work include, but are not limited to:
rehabilitating aquatic habitats, restoring fish access, rehabilitating
stream banks, rehabilitating off-channel habitat, introducing channel
complexities (large-woody debris, boulder clusters etc.), restoring mainstem
rearing habitat, introducing pool and riffle sequences and augmenting
minimum stream-flows. They do not include works associated with beaver
dams. Please refer to the section of this document titled Specific
Standards and Best Practices: Beaver and Beaver Dam Management.
Objectives
The Ministry’s objective for the management of habitat enhancement
and restoration is to prevent harmful impacts to water quality, riparian
and aquatic habitats, and fish and wildlife species arising from the habitat
enhancement works and restoration activities.

Standards for Habitat Enhancement and Restoration
All of habitat enhancement and restoration works for which you are submitting
instream works notifications or approvals must be compliant with the General
Standards as listed in the Standards and Best Practices
section of this document for:
- Compliance with Other Legislation;
- Land Ownership;
- Public Safety;
- Completion of Work;
- Protection of Water Quality;
- Protection of Species and Habitat; and
- Protection of Other Water Users.
Specific Standards associated with this type of work
(Water Act Regulation Section 44(1)) authorize habitat
enhancement and restoration works completed as the following work types
and under the following conditions:
Restoration or maintenance of a fish habitat by the Crown in
the right of either Canada or British Columbia, or their agents
(Subsection 44(1)(j))
Note:
Temporary diversion construction around or through a work
site (Subsection 44(1)(x)) is permitted for works
providing that the worksite is no larger than the minimum area required,
and
- if pumps, pipes or conduits are used to divert water around or
through the worksite,
- the pumps, pipes or conduits are sized to divert the 1 in 10
year maximum daily flow for the period of construction, and
- 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),
- if cofferdams are used to isolate successive parts of the construction
at the worksite,
- the cofferdams are designed by a professional engineer and
constructed in accordance with that design, and
- the natural channel remaining outside of the cofferdams is
adequate to pass the 1 in 10 year maximum daily flow during the
period of construction, or
- if ditches are used to divert flow around the worksite,
- the flow of water diverted remains within the stream channel,
- the 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
- the ditches are completely backfilled and the area returned
as closely as possible to the natural state on completion of the
works.
Best Practices
The following section outlines best practices for habitat enhancement
and restoration design and construction.
Design Best Practices
As the long-term objective of habitat enhancement and restoration works
is to improve available instream and riparian habitats for fish and wildlife
species, the impacts resulting from the works should be limited to short-term,
construction-related impacts. However, care must be taken in the planning
and design of enhancement and restoration structures. Changes to instream
structures can have unexpected impacts to stream hydraulics and may cause
unintentional habitat disruption or destruction. If you would like assistance
in planning your works, consider hiring a qualified professional consultant
or consult these documents:
You should include the following best practices when planning your enhancement
or restoration works, or use alternatives recommended in a technical rationale
prepared, signed, and sealed by an appropriately qualified professional(s).
To ensure impacts to fish and wildlife habitats and populations are minimized,
your works design should:
- Prevent the creation of a barrier to fish migration;
- Prevent of the removal of a critical barrier to fish passage;
- Consider impacts upon all species or habitat-types within the project
area and the appropriate use of the habitats and all species that use
them;
- Enhance the existing or restore the historical biological diversity;
- Use a design created by an appropriately qualified professional(s),
and construct the works in accordance with that design;
- Maintain the active floodplain in its existing condition;
- Protect the streambed;
- Minimize direct and indirect impacts to the onsite and adjacent;
- Minimize direct and indirect impacts to onsite and adjacent riparian
areas, fish and wildlife individuals, populations, species, and habitats;
and
- Minimize direct and indirect impacts to other properties, roads,
services or utilities.
Because of these risks to riparian and aquatic habitats and species,
habitat enhancement works must only be undertaken when the need for works
can be justified:
- The works will not negatively impact existing fish habitat;
- The works will avoid critical habitat areas;
- The works will minimize disturbances to riparian vegetation, active
floodplains, ravines, and instream habitat;
- The works will not impact any native fish and wildlife populations
or their habitats;
- The works will result in an immediate and long-term net gain of fish
or other aquatic species habitat; and
- The works are designed to benefit as many of the native fish and
wildlife species that use the stream as possible.
When you have ensured that your chosen design meets the listed design
best practices, plan your habitat enhancement works to comply with the
following construction or operational best practices.

Operational Best Practices:
All individuals carrying out instream works should be made aware of and
trained in the listed best practices. To comply with the Water Act
Regulation’s Protection of Habitat (Section 42(1)) and Protection
of Water Quality (Section 41) standards, you should follow these best
practices:
Monitoring
- Construction activities should be monitored full-time during start-up
and any instream works or sensitive activity, otherwise on a daily basis
to the completion of the project. The environmental monitor(s) must
be an appropriately qualified professional(s)
and will be provided with written authority to modify and/or halt any
construction activity if deemed necessary for the protection of fish
and wildlife populations or their habitats. A sign should be posted
listing the monitor’s company name and phone number at the entrance
to or immediate vicinity of the job site.
- Forward a copy of this document listing standards and best practices
for your works, and all appropriate plans, drawings and documents to
the contractor/crew supervisor and keep it readily available at all
times at the site while the work is proceeding.
- Hold a pre-construction meeting between the environmental monitor
and the contractor undertaking the work on the site to ensure an understanding
of the mitigative best practices for the project.
- Within 60 days of completion of this project the environmental monitor
will complete and submit a minimum of one (1) copy of a monitoring report
consistent with the recommended standard format to his/her client;
For more information see Appendix I: Monitoring.
Timing of Works (Subsection 42(1)(a))
- If works are scheduled for fish-bearing streams or if fish presence
in the watercourse in not known, complete in-channel or bank work during
the instream reduced risk work window approved for
your region. To find out what the timing window requirements are for
your area, contact your regional MOE office.
- Be advised that for certain fish and amphibian species at risk, there
may be no window of least risk. Please contact your local WLAP office
for more information.
- Only clear vegetation for worksite access and stream crossing right-of-way
within the vegetation clearing timing window.
- Only undertake works during favourable weather and low water conditions.
- Complete the works as quickly as possible once started;
For more information see Appendix II: Timing
of Works.
Deleterious Substance Control/Spill Management (Subsections
41(a)(b) & 42(1)(d))
- Prevent the release of silt, sediment or sediment-laden water, raw
concrete or concrete leachate, or any other deleterious substances into
any ditch, watercourse, ravine or storm sewer system. The recommendations
for sediment and erosion control outlined in the Land Development
Guidelines for the Protection of Aquatic Habitat (Chilibeck
et al, 1992) can also be used for reference.
- Ensure equipment and machinery is in good operating condition (power
washed), free of leaks or excess oil and grease. No equipment refueling
or servicing should be undertaken within thirty (30.0) metres of any
watercourse or surface water drainage
- Ensure all hydraulic machinery to be used instream uses environmentally
sensitive hydraulic fluids which are non-toxic to aquatic life, and
which are readily or inherently bio-degradable
- Keep a spill containment kit readily accessible on-site in the event
of a release of a deleterious substance to the environment. Train on-site
staff in its use. Immediately report any spill of a substance toxic
to aquatic life of reportable quantities to the Provincial Emergency
Program 24 hour phone line at 1-800-663-3456
- Do not use treated wood products in any construction below the high
water mark of the stream channel to prevent the release of preservatives
toxic to fish;
For more information see Appendix III: Deleterious
Substance Control/Spill Management.

Concrete Works (Subsections 41(e) & 42(d))
- As concrete leachate is alkaline and highly toxic to fish and other
aquatic life, ensure that all works involving the use of concrete, cement,
mortars, and other Portland cement or lime-containing construction materials
(concrete) will not deposit, directly or indirectly,
sediments, debris, concrete, concrete fines, wash or contact water into
or about any watercourse. Concrete materials cast in place must remain
inside formed structures.
- A CO2 tank with regulator, hose and gas diffuser must
be readily available during concrete work to neutralize pH levels should
a spill occur. Train staff in its use.
- Provide containment facilities for the wash-down water from concrete
delivery trucks, concrete pumping equipment, and other tools and equipment.
- Report immediately any spills of sediments, debris, concrete fines,
wash or contact water to 1-800-663-3456. Implement
emergency mitigation and clean-up measures, like use of CO2
and removal of the material immediately.
- Completely isolate all concrete work from any water
within or entering into any watercourse or stormwater
system.
- Monitor the pH frequently in the watercourse immediately downstream
of the isolated worksite until completion of the works. Emergency measures
will be implemented if downstream pH has changed more than 1.0
pH unit, measured to an accuracy of +/- 0.2 pH units from the
background level, or is recorded to be below 6.0 or above 9.0
pH units.
- Prevent any water that contacts uncured or partly cured concrete
during activities like exposed aggregate wash-off, wet curing, or equipment
washing from directly or indirectly entering any watercourse or stormwater
system.
- Isolate and hold any water that contacts uncured or partly cured
concrete until the pH is between 6.5 and 8.0 pH units,
and the turbidity is less than 25 nephelometric turbidity units
(NTU), measured to an accuracy of +/- 2 NTU;
For more information see Appendix IV: Concrete
Works.
Isolation of the Work Area (Subsections 42(b) &
44(x))
- Isolate your work area from all flowing water, but do not cut off
flow to downstream portions of the stream at any time during construction.
- Temporarily divert, enclose or pump the water around the work site.
Ensure the point of discharge to the creek is located immediately downstream
of the work site to minimize disturbance to downstream populations and
habitats;
For more information see Appendix V: Isolation
of the Work Area.
Salvage of Fish and/or Wildilfe (Subsection 42(1)(e)
- Complete a fish and amphibian salvage for works prior to the start
of works if any portion of the wetted channel will be isolated and/or
dewatered. An appropriately qualified professional(s) must complete
the salvage. It is the responsibility of the salvage crew to obtain
the necessary permits required by the British Columbia Fisheries Regulations
or Canada Fisheries Act prior to conducting the salvage activities;
For more information see Appendix VI: Salvage
of Fish and/or Wildlife.
Sediment Control (Subsections 41(a)(b)(c) &
42 (1)(c)(d)(f))
- Ensure material, such as rock, riprap, or other materials placed
on the banks or within the active channel or floodplain of the watercourse,
is inert and free of silt, overburden, debris or other substances deleterious
to aquatic life.
- Ensure machinery works from the bank of the stream and not in the
stream channel to minimize impacts and to better enable mitigation of
sedimentation.
- Minimize the disturbance to existing vegetation on and adjacent to
the stream banks.
- Place sediment control measures before starting any works that may
result in sediment mobilization.
- Construct any ditches, water bars or water diversions within the
work area so they do not directly discharge sediment-laden surface flows
to the stream. Divert such flows to a vegetated area where flows can
slowly infiltrate.
- Remove excavated material and debris from the site or place it in
a stable area above the high water mark or active floodplain of the
stream, as far as possible from the channel.
- Protect this material from erosion and reintroduction to the watercourse
by using mitigating measures including, but not limited to covering
the material with erosion blankets or seeding/planting with native vegetation.
- When material is moved off-site, dispose of it in such a manner as
to prevent its entry into any watercourse, floodplain, ravine, or storm
sewer system;
For more information see Appendix VII: Sediment
Control.

Vegetation Management (Subsections 41(c) & 42
(f)(g))
- Limit vegetation clearing for access and at your work area.
- Consider other options when contemplating the need to remove vegetation.
It is very often not the best choice for fish and wildlife habitat and
species.
- Wildlife trees are important for many wildlife, bird, and amphibian
species. You should avoid vegetation activities that will impact trees
used for nesting or roosting. Section 34(b) of the Wildlife Act prohibits
the your interference with bird nests, young, or eggs. This means that
a wildlife tree containing an active nest, or a nest of species listed
under the Act (i.e., raptors or species at risk), even outside of the
breeding season, may not be felled.
- If you are proposing to top or remove trees, have the trees within
the riparian area assessed by an appropriately qualified profession
who is also a Wildlife Danger Tree Assessor to determine the presence
and nature of the hazard.
- Where the danger can be removed by topping or removal of the dead
limb this should be undertaken in preference to removal of the entire
tree.
- Where the entire tree must be removed then the tree replacement criteria
should be applied.
- Also in consideration of the importance of large woody debris to
the stream/fish habitat and the importance of large diameter trees to
wildlife populations, the stub of the trees should be retained where
it is deemed safe to do so.
- Fall or top all trees so that the branches do not enter the stream
channel. If any branches do inadvertently end up in the channel they
should be removed offsite to where they will not enter the channel during
high flows. Removal of limbs from the channel must be completed in a
manner that will not disturb aquatic organisms.
- Fall the tree across the stream when falling across the stream cannot
be avoided because of safety reasons (faller safety, buildings etc)
and all methods of tree removal have been considered but cannot be safely
employed. Removal of the felled tree must be completed in a manner that
does not damage the banks and the bed of the stream. If possible, leave
and anchor the trunk as large woody debris to be left within the riparian
zone.
- Fall the tree away from the channel unless there is an immediate
threat to life and limb and remove the material within the instream
work window.
- Equipment used for vegetation removal should comply with this document’s
listed best practices for deleterious substance control.
- Danger trees/limbs prior to the instream window to allow works to
be scheduled within the timing window.
For more information see Appendix VIII: Vegetation
Management.
Restoration of the Site (Subsections 41(a)(c) &
42(1)(c)(f)(g))
- Grade disturbed areas to a stable angle of repose upon completion
of the work. These areas should also be revegetated to prevent surface
erosion and subsequent siltation of the watercourse.
- Protect disturbed soil areas on the banks and areas adjacent to the
stream from surface erosion by hydroseeding with a heavy mulch, tackifier,
seed mix; by installing erosion blankets; and/or by heavily revegetating;
- Plant native trees, shrubs, and herbaceous plants that are appropriate
to the site conditions to revegetate and replace impacted riparian vegetation.
- Restore all in-channel or active floodplain habitats that have been
disturbed during the completion of works to a condition that is enhanced
from their original state. The restoration will be consistent with a
no-net-loss of fish and wildlife habitat
- Remove any remaining sediment and erosion control measures (i.e.,
silt fence). Ensure all equipment, supplies, and non-biodegradable materials
have been removed from the site.
- Complete post-construction multiyear monitoring to ensure your revegetation
meets full survival.
For more information see Appendix IX: Restoration
of the Site.
REMEMBER:
Your project will not be considered to be in compliance with the
Act or the Regulation if any or all of the standards have
not been addressed or if there are any outstanding best practices
for mitigating the works. |
Urban Stormwater
Management | Beaver and Beaver Dam Management
Table of Contents
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