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| Nova Scotia Environment
Wetland Alteration Approval |
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| Who Needs This Approval? |
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Nova Scotia Environment
(NSEL) recognizes that wetlands are a particularly
sensitive habitat and that alteration of wetlands can cause a significant
adverse environmental effect. Therefore, anyone who is planning an alteration
to a wetland requires an Approval. “Alteration” means filling,
draining, flooding, or excavating a wetland.
Approvals will generally not be issued to alter wetlands when:
- there are reasonable alternatives that will not result in impact
to the wetland, or
- the alteration is for solely aesthetic purposes.
What is a wetland?: Wetlands are land commonly
referred to as marshes, swamps, fens, bogs, and shallow water areas that
are saturated with water long enough to promote wetland or aquatic processes.
Salt marshes are also wetlands. Alteration to other tidal habitats such
as lagoons, mud flats and tidal ponds do not require a Wetland Alteration
Approval from NSEL. Please consult the
Department of Natural Resources and the Federal Department of Fisheries
and Oceans as there may be requirements for authorizations under their
legislation.
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| Issuing Department
/ Agency: |
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Nova
Scotia Environment
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| Where can you get this approval and / or further information? |
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Nova Scotia Environment
Tel: 902-424-2547
Toll Free: 1-877-9ENVIRO (1-877-936-8476)
Fax: 902-424-0569
Email: emc@gov.ns.ca
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Office Location:
5151 Terminal Road, 5th floor
Halifax, Nova Scotia
Mailing Address:
PO Box 442
Halifax, NS B3J 2P8
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Regional
and District Offices: http://www.gov.ns.ca/nse/offices/emcoffices.asp
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| Application Forms &
Process: |
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You can get an application form
for this Approval from any Regional
or District Office
of NSEL. After it has been completed, it is submitted to NSEL.
Applicants are required to retain the services of a person or persons
qualified in the field of wetland hydrology and wetland ecology to prepare
a report which includes the following minimum information, to be submitted
with their application for approval to alter a wetland:
Wetlands information:
- wetland location, size, boundaries
- maps and photos clearly indicating the location of the project,
the wetland and other natural features
- description of the wetland’s ecological character
- existing hydrological characterization
- existing hydrogeological characterization
- include a bibliography of reference materials used in developing
the evaluation; a listing of the expertise retained in preparing the
evaluation
Purpose and description of the alteration:
- reason for the alteration
- detailed description of the nature of the proposed alteration
- detailed description of alternatives that have been considered
- detailed description of all identifiable impacts to the wetland
(% of wetland to be altered; species at risk present and/or species
of conservation concern - terrestrial & aquatic flora and fauna)
- description of past impacts to the wetland
- a listing of the expertise retained and resources referenced
in determining the impacts
- opportunities for mitigation of impacts and/or compensation
Property information:
- property ownership and boundary information (provide a copy of
deed and survey plan or property map based on GPS coordinates)
- information on municipal zoning requirements
When NSEL 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 as complete, the application form
and supporting documentation undergo a review and evaluation.
The inspector and/or administrator will use the mitigative sequence
approach to consider the initial application. It may be necessary to
seek additional information from the applicant during the review process.
The mitigative sequence is a step-wise approach that provides a foundation
for the decision-making process. It achieves wetland conservation through
the application of a hierarchical process of alternatives as follows:
- avoidance of impacts;
- minimization of unavoidable impacts; and
- compensation for residual impacts that cannot be minimized.
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| Waiting Period: |
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60 business days or less
Provided that all the items that must accompany the application have been received.
Note that if the Environmental Assessment process is triggered, the Wetland
Approval process will not begin until the Environmental Assessment process
is completed. See Related Requirements below for more information.
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| Expiry & Renewal: |
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This Approval is valid until the expiry
date included on the Approval to a maximum of 10 years. 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
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| Price:
(No tax is charged) |
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$304.42. Note that if the Environmental
Assessment Process is triggered there will be additional costs associated
with the Environmental Assessment Approval process. See Related Requirements
below.
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| Related Requirements: |
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Other permits/approvals that may
be required:
- Navigable
Water Protection Act,
1985, Transport Canada;
- Use of Crown Lands; See N.S. Department of Natural Resources
- Building permit, local Municipality .
If the planned alteration will disrupt 2 hectares or more of a wetland,
it must undergo an Environmental Assessment. When an Environmental Assessment
is required for an alteration, applicants must obtain this approval before
seeking any other approvals from NSEL.
In cases where the environmental assessment process could be triggered,
the Environmental Assessment Branch of NSEL will determine the area of
disruption in consultation with the Water & Wastewater Branch of
NSEL and the Wildlife Division of Department
of Natural Resources.
For further information about environmental assessments, contact:
Environmental Assessment Branch
Nova Scotia Environment
Phone: (902) 424-3230
Fax: (902) 424-0503
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| Additional Information: |
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none
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| Legislative Authority: |
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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 2011
Back to Nova Scotia Environment Index in the Nova Scotia Permits Directory
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