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Background:

In an effort to help protect New Brunswick's surface water resource from the effects of activities such as; constructing poorly planned buildings, uncontrolled landscaping and forestry activities, and the installation of dams or other such water obstructions, the Department of Environment administers the Watercourse and Wetland Alteration Regulation permit program. Although, this program has been in place for 20 years, not everyone has a clear understanding of when a watercourse or wetland alteration permit is necessary.

Wetlands throughout the Province (including coastal marshes) are considered watercourses and any person working within 30 metres of a wetland is required to obtain a Watercourse and Wetland Alteration permit.

Simply put, the program applies to all open channels, natural or artificial, that hold or carry water for any part of the year. Lakes, ponds, rivers, streams, brooks and wetlands are clearly watercourses; as are reservoirs, canals, ditches.

It is important to inquire about the need for a Watercourse and Wetland Alteration Permit before doing any vegetation clearing, soil excavation, construction or landscaping activities within 30 metres of a watercourse or a wetland.

• Construction of structures on or in the watercourse or wetland, such as retaining walls, breakwaters, bridges, culverts or wharves.
  
  
• Installing or modifying a dam or other water level control structure, or installing or modifying a pipeline crossing.
  
  
• Carrying out repairs to existing structures on or adjacent to a watercourse or wetland that result in a change in the size, shape, materials or alignment of the structure, or involve construction or excavation. This includes building or maintaining a drainage ditch or roadway within 30 metres of a watercourse or a wetland.
  
  
• Driving or operating any machinery in a wetland or on the bed of a watercourse, or operating heavy machinery within 30 metres of a wetland or the banks of a watercourse.
  
  
• Disturbing ground within 30 metres of a wetland or the banks of a watercourse.
  
  
• Removing vegetation from a wetland or the bank or bed of a watercourse, or the harvesting of trees within 30 metres of a wetland or the banks of a watercourse.
  
  
• Depositing or removing any material such as fill, sand, mud, gravel rocks, debris, etc. from a watercourse or wetland, or land located within 30 metres of a watercourse or wetland.
  
  
• Draining, pumping, or otherwise taking water from a watercourse or wetland.
  
  
• Creating or altering a pond connected to a watercourse or wetland, or that is within 30 metres of a watercourse or a wetland.

The Department of Environment issues two types of Watercourse and Wetland Alteration Permits: the "Standard Permit" and the "Provisional Permit".

The Standard Permit applies to projects large enough to involve design or investigation by a professional engineer. Examples of such projects would include bridges, dams or large culvert installations.

The Provisional Permit applies to smaller projects such as landscaping or vegetation removal.

When applying for a permit, it is necessary to describe the project. The description should include the project plan, location and how the work will be undertaken. Department staff will review the information and advise the applicant of the most appropriate manner for completion of the work ensuring minimal effect on the watercourse or wetland.

The permit application forms are available from any office of the Department of Environment, and at all Service New Brunswick Centres.

Assistance with completion of the application form is available from staff of Department of Environment. In most cases it will be necessary to attach to the application form, a map of the area and a sketch of the proposed work plan.

If the terms of the permit are not followed or if work is being done without a permit, the Minister of Environment may issue a stop work order and/or an order to remove or repair the work that has been done.

Finally, legal proceedings may be undertaken against anyone who violates the Act, the Regulation, or Ministerial orders. If convicted of an offence under this Regulation, an individual may be fined up to $50,000 where as the fine for corporations may be as high as $1,000,000.


Further Information:

Additional information or assistance can be obtained by contacting NB ENV Watercourse and Wetland Alteration Staff, or a Department of Environment Regional Office in your area.