Standards and Best Practices

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Background

Instream works ranging from lakeshore stabilization in the Okanagan to urban stormwater connections in the Lower Mainland, from stream crossings on Vancouver Island to fish habitat restoration in the Kootenays, are undertaken on private and public lands throughout the province of British Columbia. In the past, regional Ministry staff has been responsible for providing guidance to project proponents through regionally developed documents that detail notification requirements, and standards and best practices for planned instream works. These regional standards and best practices have been consolidated and used to create one provincially relevant document that consistently applies to all proponents planning instream works throughout British Columbia.

What are “Standards” and “Best Practices”?

Standards and best practices are guiding statements that, when followed, will allow you to undertake instream works in a way that will avoid, limit or mitigate impacts to aquatic and riparian habitats, water quality and quantity, fish and wildlife species, and public safety and property. They exist to help you ensure your works are designed and carried out in compliance with applicable legislation and in a manner that will not cause harm to the natural environment.

Standards and best practices for instream works exist to avoid, limit or mitigate the impacts of instream works discussed in the Potential Impacts of Instream Works section of this document. These standards are developed from the legislation and regulations discussed in the Guiding Principles section of the document.

The best practices provided in this document represent some of the best-known current methods to avoid or mitigate impacts; however, the best practices recommended here do not represent an exhaustive list of available and appropriate best practices. Alternatives to and improvements on these best practices should be not be overlooked when planning your proposed works, as long as the goals detailed in the applicable standards can be met.

Best practices only serve their purpose when they are properly applied. Because of this, it is important to ensure that all people participating in your works are aware of the applicable best practices, have needed materials available, and are properly trained in implementing the chosen best practices.

What Standards do I need to meet?

Your works must meet the following standards pursuant to the Water Act Regulation, regardless of the type of work you propose to undertake:

• Works that may have significant detrimental impacts (Section 37 (3))
  If the engineer is of the opinion that a proposed change in and about a stream may have a significant detrimental impact on the nature of the stream or stream channel, the engineer may require that an application for an approval or a license be made in connection with the proposed change in and about a stream.
   
• Legal requirements of other legislation: (Subsection 37 (4) (a))
  A person will comply with all applicable federal, provincial, or municipal enactments, such as the Fisheries Act (Canada), Workers Compensation Act, local zoning and building requirements, and is responsible for obtaining the necessary permits.
   
• Land ownership: (Subsection 37 (4) (b))
  If a person does not own the land, the approval of the landowner must be obtained whether the land is private or Crown land.
   
• Public safety: (Section 38 (2))
  A person must design, construct and maintain the works so that life, property and the environment are not endangered.
   
• Completion of Work: (Subsection 38 (1) (b))
  Once works are started, the changes must be completed without delay, unless necessary to preserve the nature of the stream.
   
• Protection of water quality: (Subsection 41 (a) to (g))
  A person making a change in and about a stream must ensure that
   
  1. no substance, sediment, debris or material that could adversely impact the stream is
      
     1. 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
         
     2. placed, used or stored within the stream channel,
         
  2. 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,
      
  3. 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,
      
  4. 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,
      
  5. all cast-in-place concrete and grouting is completely separated from fish bearing waters for a minimum of 48 hours,
      
  6. rock from acid-generating rock formations is not used for construction, and
      
  7. the stream is restored to its natural state on completion of the change in and about a stream.
      
• Protection of Species and Habitat (Section 42 (1) & (2))
  1. To protect habitat, a person making a change in and about a stream under this regulation, other than under section 44 (1) (o) to (s) or (2), must make that change in accordance with terms and conditions specified by the habitat officer with respect to
      
     1. 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 (refer to the Provincial Timing Windows document),
         
     2. the minimum instream flow or the minimum flow of water that must remain in the stream while the change is being made,
         
     3. the removal of material from the stream or stream channel in connection with the change,
         
     4. the addition of substance, sediment, debris or material to the stream or stream channel in connection with the change,
         
     5. the salvage or protection of fish or wildlife while the change is being made or after the change has been made,
         
     6. the protection of natural materials and vegetation that contribute to habitat or stream channel stability,
         
     7. the restoration of the work site after the change has been made, and
         
     8. the requirement to obtain an approval from the federal Department of Fisheries and Oceans in connection with the change.
         
  2. In addition to other remedies or penalties that may be imposed on a person who makes a change in and about a stream that damages habitat, the person must
      
     1. within 72 hours report the damage to a habitat officer, and
         
     2. restore and repair the habitat to its natural state or as directed by the habitat officer.
         
• Protection of other water users: (Section 43 (1) & (2))
  A person must ensure that existing water uses under the Water Act are protected and that the users are given three days prior notice and provided with a supply of water as required.
   
• Specific Standards associated with certain types of instream works: (Section 44 (1))
  For the purposes of Section 9 of the Water Act, changes in and about a stream listed in Section 44 of the Water Act Regulation may be made without the necessity of obtaining a Section 9 approval or license for that change, provided that the change is made in accordance with the standards of the regulation and the terms and conditions, described in Section 42. Specific Standards and Best Practices relating to types of instream works can be found in the following Specific Standards and Best Practices section of this document.

What further Standards and Best Practices apply to my type of instream works?

The design standards and best practices your works are required to meet will vary depending on the type of instream work you are planning to complete. In most cases it is recommended that you retain the services of an appropriately qualified professional with adequate training and knowledge of fish habit to help determine which standards and best practices are appropriate for your proposed works.

Standards and Best Practices Specific to the Type of Instream Work

To determine what standards and best practices apply to your work, review the following Specific Standards and Best Practices section for your type of instream work:

• Stream Crossings – including bridges, culverts, utility crossings;
• Stream Channel Maintenance – including sediment, vegetation, and debris removal;
• Stream Bank and Lakeshore Stabilization – including bank and shore stabilization;
• Urban Stormwater Management – including stormwater management system design and stormwater outfall construction;
• Habitat Enhancement and Restoration – including instream works to enhance aquatic and riparian areas for fish and wildlife species;
• Beaver and Beaver Dam Management – including activities to manage beavers and their dams;
• Watercourse Channelization and Realignment – including stream diversion, channelization, and realignment activities;
• Other Types of Instream Works – including pier and wharf works, fish screen fence installation, flow monitoring devices, and public utility maintenance activities; and
• Emergency Works – including urgent flood and erosion protection works.

Legislative Requirements | Stream Crossings

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