Water Stewardship

Dike Maintenance Act Approvals

General Information and Application Form

1. Approvals and the Dike Maintenance Act

The principal legislation pertinent to flood protection works is the Dike Maintenance Act (DMA). Excerpts from this act that directly pertain to Approvals include the following definitions and sections:

"A 'dike' means an embankment, wall, fill, piling, pump, gate, floodbox, pipe,sluice, culvert, canal, ditch, drain or any other thing that is constructed,assembled or installed to prevent the flooding of land.”

"A 'private dike' means a dike built on private property that protects only that property."

“2(4) A person or a diking authority must not do any of the following unless it is done either with the prior written approval of the inspector or in accordance with the regulations made under section 8(2):

(a) lower, or cause or allow to be lowered, the elevation of a dike or decrease, or cause or allow to be decreased, the width or cross-section of a dike;

(b) install, or cause or allow to be installed, any culvert, pipe, flood box or any structure through a dike;

(c) construct, or cause or allow to be constructed, any works on or over a dike or dike right of way;

(d) alter, or cause or allow to be altered, the foreshore or stream channel adjacent to a dike;

(e) construct a new dike."


2. Regulated Dikes that Require DMA Approvals

Not all flood protection works are considered to be “dikes” regulated under the DMA. For example, erosion protection works are generally not regulated, unless they directly protect a dike or form part of a larger diking system. Also, private dikes are not regulated under the Act and no DMA approvals are required for works related to private dikes. However, work related to private dikes may require
authorizations and approvals under other legislation such as the Water Act and Fisheries Act.

The Provincial Flood Protection Works Database — see following websites:

indicates whether a particular flood protection structure is a “dike” regulated under the Act and includes most of the structures that are considered to be regulated under the DMA.

Example

If you have any questions regarding the application of the Act, please contact the appropriate Deputy Inspector of Dikes office.


3. General Requirements for DMA Approvals

  • All proposed work shall conform with the ‘Dike Design and Construction Guide: Best Management Practices for B.C., July 2003.
  • All designs and construction methods shall be certified by a suitably qualified Professional Engineer with a background in civil engineering, who is competent in the field of dike safety (see Section 1.6.1 of the Guide).

  • The Professional Engineer shall review any existing certified as-built drawings to ensure that the proposed design(s) conform with existing dike works.

  • In addition to the Dike Maintenance Act Approval, the applicant is responsible for obtaining any required approvals under the Fisheries Act, Water Act, and other legislation and bylaws.

  • Works shall be planned and scheduled to ensure that the protection is not diminished during potential flood periods and temporary measures shall be provided for the construction period to ensure that the flood risk is contained.

  • Works shall be planned and constructed with due regard for environmental needs.

  • The raising of dikes or the construction of new dikes or other works shall not impact the safety of other dikes, or increase the flood risk to others.

  • As-built drawings shall be provided by the applicant to the ministry and diking authority following construction of all works to keep the diking records in B.C. up to date. As well, depending on the scope of works involved, an Operations & Maintenance (O&M) manual may be required.


4. DMA Approval Process

The following describes the typical Dike Maintenance Act (DMA) approval process. The level of effort and detail required will depend on project complexity and potential impacts on dike safety.

  1. Application: The applicant completes and submits an application package with reference to the application form and guidance documents available below and with the assistance from a Professional Engineer.

    The package must include the following: a general location plan, a detailed site plan, preliminary design drawings and specifications, and a design brief that clearly identifies all design calculations and assumptions as prepared by a suitably qualified Professional Engineer. Where applicable, include copies of As-Built Drawings for the Dike. A copy of the application must also be sent to the Diking Authority.

  2. Preliminary Review: Ministry staff will review the application for completeness and will prioritize the application based on existing demands and desired construction timing. Staff will inform the applicant if additional information is required and the estimated timing of the technical review.

    Note: with a complete application package, a detailed review of the design is typically completed within 30 days; however, because of other work demands, it is strongly recommended that an application be submitted 90 days prior to the construction date, especially if construction is to take place during a fisheries window.

  3. Technical Review: During this step, Ministry staff may correspond directly with the Engineer and may require modifications to the design and resubmission of drawings and reports. An on-site meeting may also be necessary.

  4. Approval Letter: The Ministry will provide a conditional approval letter for the accepted design. The conditions will usually include the need for the Engineer to supervise construction and submit a construction report and certified as-built drawings to the Ministry and the Diking Authority.

  5. Construction: The Engineer supervises construction. Ministry staff must be notified of the construction date as staff may need to inspect the site during construction.

  6. Documentation: The Engineer submits copies of the construction report and certified as-built drawings to the Ministry (two copies) and Diking Authority. Ministry staff and the Diking Authority update their records to assist with future dike operation and maintenance and emergency response.

5. Preparing a DMA Approval Application

  1. Application Form (PDF 65kb) / Word (56kb)

  2. Dike Maintenance Act Approval Guidance Documents (These documents outline the current requirements for some of the most common types of projects.)