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Nova Scotia Environment

Water Approval: Watercourse Alteration

Who Needs This Approval?

Note: What counts as a "watercourse" is explained under Additional Information, below.

Any persons or persons who wish to use or alter a watercourse or a water resource or any natural body of water by:

  1. constructing or maintaining a culvert;
  2. constructing or maintaining a bridge which is in the water course, or using equipment closer than 3 metres from the water course;
  3. constructing or maintaining a causeway, wharf, weir, fishway or other instream structure;
  4. removing material from a surface water course;
  5. diverting a water course from its natural channel;
  6. installing or maintaining fishing equipment, fishway, counting fence, fish habitat improvement structure, aquaculture cage or any similar structure in a water course;
  7. dredging or any other modification of a surface water course;
  8. installing or maintaining a pipeline, cable or other equipment in a surface water course;
  9. placing rock or other erosion protection material in a surface water course;
  10. any other alteration of a surface water course or the flow of the water.
An approval is not required for:
  1. use of seawater;
  2. use of brackish water from an intertidal zone of a river estuary;
  3. maintenance of lands and structures incorporated by marsh bodies under the Marshland Reclamation Act .
Issuing Department / Agency:
Nova Scotia Environment
Where can you get this Approval and / or further information?
Any Regional or District Office of Environment

OR
Head Office
Nova Scotia Environment

Phone:  (902) 424-5300
Fax:  (902) 424-0503
e-mail:  policy@gov.ns.ca
Office Location:
Terminal Road Building
5151 Terminal Road
5th Floor
Halifax, NS

Mailing Address:
PO Box 442
Halifax, NS B3J 2P8

Application Forms & Process:
You can download an application form or you can get an Approval from any Regional or District Office of the Department.  After it has been completed, it is submitted to the Department.

When the Department receives an application, staff review it to see if all the required information is on the form, and if the required supporting information has been provided.  If not, the application package is returned with an explanation as to what is missing.

Once an application has been accepted by the Department as complete, the application form and supporting documentation undergo a technical review and evaluation.   This is to decide if the activity being proposed meets the minimum standards, policies, guidelines, procedures and regulations that are administered by the Department.

Review by the Department of Fisheries and Oceans (Canada), Transport Canada, local authorities and community organizations may form part of the review process.

If an applicant fails to meet these criteria, staff will tell them which specific criteria have not been met to the satisfaction of the Department.

If an applicant meets all the criteria, the Approval will be sent to the applicant by mail..  This Approval will list any terms and conditions which the applicant must satisfy.
Waiting Period:
A maximum of 60 days, provided that all the items that must accompany the application have been received.
Expiry & Renewal:
This approval is valid until the expiry date included on the approval.  It can be renewed.  Note, it is the responsibility of the Approval holder to contact the Department before it expires; NO NOTICE of renewal will be sent out by the Department.
Price:

Category 1:  $54.41
Category 2:  $108.33
Category 3:  $272.07

Related Requirements:
Terms and conditions will be issued for each specific proposal and activity.

Other permits approvals that may be required:
  1. Navigable Water Protection Act, 1985, Transport Canada;
  2. Use of Crown Lands; See N.S. Department of Natural Resources;
  3. Building permit, local Municipality .
Additional Information:

1) "Watercourse" means any creek, brook, stream, river, lake, pond, spring, lagoon or any other natural body of water, and includes all the water in it, and also the bed and the shore (whether there is actually any water in it or not). It also includes all ground water.

2) "Water resource" means all fresh and salt (marine) waters, including all surface water, groundwater and coastal water.

The definitions of these terms are spelled out in the N.S. Environment Act; see Legislative Authority, below.

Division I  Activities According to Category

Category I

  1. the construction or maintenance of a culvert in a manner consistent with current applicable guidelines and standards issued by the Department, a culvert installed between June 1 and September 30 of any year (Culvert Notification or Notification)

Category II

  1. the construction or maintenance of a culvert
  2. the construction or maintenance of a bridge where
    1. a portion of the structure of the bridge is in a watercourse;
    2. use of equipment in the watercourse or 3 m from the edge of the watercourse is required
  3. the construction or maintenance of a wharf
  4. the construction or maintenance of a weir, fishway or other instream structure
  5. the installation or maintenance of fishing equipment, a fishway, a counting fence, a fish habitat improvement structure, an aquaculture cage or any similar structure in a watercourse
  6. the placement of rock or other erosion protection material in a surface watercourse

Category III

  1. the construction or maintenance of a dam
  2. the storage of water in amounts of 24 000 m3 or greater
  3. the construction or maintenance of a causeway
  4. the removal of material from a surface watercourse
  5. the diversion of a watercourse from its natural channel
  6. the dredging or any other modification of a surface watercourse
  7. the installation or maintenance of a pipeline, cable or other equipment in a surface watercourse
  8. any other alternation [alteration] of a surface watercourse or the flow of the water therein
The categories above are spelled out in Attachment #1 of the Environment Act and Regulations Fees Regulations, see Legislative Authority, below.
Legislative Authority:
Environment Act, Statutes of Nova Scotia, 1994-95, Chapter 1, Activities Designation Regulations, Approvals Procedure Regulations and Environment Act and Regulations Fees Regulations.

Last Updated: April 2008
Back to Nova Scotia Environment Index in the Nova Scotia Permits Directory

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