Consult with DFO to determine
if your works will result in a HADD. You will likely need to contact DFO for an Authorization
of works under Section 35(2) of the Fisheries Act.
In addition to obtaining a DFO Authorization, you must apply for
an Approval of the works under Section 9 of the Water Act.
Contact the Ministry of Water, Land and Air Protection and Land
and Water British Columbia for information on the application process.
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Even without tight turns and steep banks, recreated streams
can typically take 20 to 30 years to achieve dynamic stability
and 30 years or more to reach the level of productivity that they
had prior to being diverted.
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Specific
Standards and Best Practices:
Watercourse
Channelization and Realignment
Table of Contents
Background
The channelization or realignment of a watercourse refers to any stream
diversion activity that will permanently alter the direction or pattern
of the watercourse’s path. Streams are often proposed for diversion
to increase a property’s potential development yield or opportunity.
Generally, streams should never be diverted. There are many consequences
of diversions that can be devastating to the stream and its aquatic life
over the long term. The diversion of a stream is a very complex proposal
that typically requires the involvement of many specialized qualified
professionals, and requires addressing many complex issues involving,
physical, biological and social constraints.
The following should be considered when proposing a stream diversion:
- The proximity of the stream and its' effects on adjacent properties
and services before and after the proposed diversion. The value of adjacent
properties can be greatly affected by changing the streams' proximity
to them. The risk of flooding and erosion to properties
and roads/services/utilities can also be greatly affected;
- Cost. A diverted and recreated stream should
result in a net gain of fish habitat for the stream immediately after
construction and
in the long term. The costs for reproducing a natural fully productive
fish habitat stream are substantial, and costs typically continue
for years after the initial construction. Depending on the stream,
the habitats
supported, and the conditions in the area, a fish habitat stream
can cost upwards of $10,000 per linear metre; and
- The long-term viability and maintenance of the stream. Streams
are stable, dynamic organisms that support hundreds of different
balanced aquatic and terrestrial life cycles. The path that streams
follow is
the most preferred and will need to change over time depending on
the topography of the area. Restricting and fixing the path affects
the ability
of the stream to change or react to change and can limit its ability
to support fish and wildlife habitats and populations. Also, a tendency
with diversions is to force the channels path into fixed, tight unnatural
turns, even to greater than 90 degrees. This substantially increases
stream power and erosive forces in the turns, resulting in a need
for substantial bank protection to keep the channel position fixed
and the
water moving in a direction that it doesn't prefer to go. This results
in increased costly channel maintenance needs that continue in perpetuity.
Objectives
The Ministry’s objective for the management of alterations to
watercourse channels and alignment is to prevent immediate and long-term
harmful impacts to water quality, riparian and aquatic habitats and fish
and wildlife species relating to the channelization or realignment activities.

Standards for Watercourse Channelization and Realignment
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.
Stream diversions typically result in a HADD of fish habitat.
Channelization and realignment activities on a watercourse, because
of their disturbance to instream habitat will require an approval pursuant
to Section 9 of the Water Act.
Best Practices
Channelization, diversion and realignment activities are typically
very damaging to environmental resources. These activities also require
considerable attention to adjacent property rights and to stream design.
They require substantial financial input. As such WLAP discourages
these activities.
You should retain an appropriately qualified professional to assist
with your proposal for works. Any proposal for watercourse channelization
or realignment should consider the following:
Design Best Practices
The following describes the only situations or conditions where the
diversion of a stream should be considered:
- There would be no significant immediate or long-term impacts
to upstream or downstream riparian and aquatic habitats;
- There would be no significant immediate or long-term impacts
to adjacent, upstream, or downstream properties, roads, services or
utilities. Permission
should be obtained for any actual or potential impacts;
- There would no impacts to upstream or downstream water rights;
- The newly created stream is designed, constructed, monitored
and maintained by a team of appropriately qualified professionals,
machine operators
and other skilled construction staff that are specialized in
the design, construction and maintenance of fish habitat streams; and
- The stream and associated riparian and in-channel habitats
being recreated would result in significant immediate and long-term
net gain in fish
habitat. Net gains could occur if the majority of the existing
channel to be diverted is heavily impacted from alteration and would
be recreated
to reproduce a natural fully productive condition, or if
a significant portion of the existing channel were enclosed and would
be opened up
or daylighted and then recreated to reproduce a natural fully
productive condition; or
- The stream is proposed to be relocated back to or near to
its' original path prior to previous diversion; the recreated stream
would result in
less risk to the stream from maintenance requirements to
protect properties, roads, services and utilities. The stream would
be recreated to reproduce
a natural fully productive condition, and the recreated
stream would result in a significant immediate and long term net gain
in fish habitat.
For further information regarding an application for a Section 9 Approval
your proposed works, please contact Land and Water British Columbia:
http://lwbc.bc.ca/
Operational Best Practices
These activities should only be undertaken if the above recommendations
can be met, if so then the following operational best practices should
be followed to ensure compliance with appropriate legislation.
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.
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Beaver and Beaver Dam Management | Other Types
of Instream Work
Table of Contents
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